OFCCP to Require Use of New Census Data

On Friday, September 3, OFCCP announced that it would require the use of new census data for affirmative action plans developed on or after January 1, 2022. This new census data is referred to as the 2014-2018 Equal Employment Opportunity Tabulation or the 2018 EEO Tab. It contains data from the Census Bureau’s American Community Survey for the period from 2014 through 2018.

While the new census data may be used for various purposes, one of its key uses will be to prepare availability analyses in affirmative action plans for minorities and females. Federal contractors and subcontractors are required by OFCCP’s regulations to “use the most current and discrete statistical information available to derive availability figures.” Employers have been using the 2006-2010 EEO Tabulation since November of 2012. The new census data will provide more current information on individuals who may be available for open positions.

The new census data will be used by employers and OFCCP to determine where employers should direct their outreach efforts for minorities and females. The 2018 EEO Tab has been available since earlier this year and federal contractors and subcontractors have been allowed to use this data affirmative action plans since its release. OFCCP’s announcement defines the timeframe for when the new census data MUST be used. The agency’s announcement regarding the 2018 EEO Tab indicates that OFCCP is allowing employers to wait until 2022 to use the new census data to “facilitate a smooth transition to the 2018 EEO Tab.”

The 2018 EEO Tab has drawn attention because of various changes in the way data are made available. For example, the number of census occupation codes that are used for comparisons of an employer’s jobs to census data has dropped from 488 to 237. There are also changes to the number and nature of geographic areas used in the new census data. DCI has provided a webinar, “Making Census of the New EEO Tabulation,” for its clients that outlines various changes with the new census data and the implications of this new data in developing affirmative action plans.

OFCCP has a webinar that the agency will be providing on September 15 regarding the use of the 2018 EEO Tab. The agency also has a series of FAQs regarding the 2018 EEO tab on its website. DCI will continue to follow information regarding the use of the new census data and will inform the contractor community of our findings. 

Authors: Marcelle Clavette, Bill Osterndorf

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