OFCCP Mandates Use of New EEO Data

On May 15, 2013, the OFCCP issued a notice that federal supply and service contractors will be required to use the most recent race, ethnicity and sex data from the Census Bureau to develop written affirmative action plans commencing on January 1, 2014. The notice observed that federal regulations require contractors to calculate availability estimates based on the “most current discrete statistical information available.”

Last November, the Census Bureau began releasing updated information in a series of tables that break down the U.S. labor force by sex, race and ethnicity. This information collected during 2006-2010 is referred to as the “2010 EEO Table” and is searchable by geographic location, occupation and other variables.

Under Executive Order 11246, federal supply and service contractors with 50 or more employees who have a contract worth $50,000 or more must generate an affirmative action plan on an annual basis. This new rule does not apply to federal construction contractors.