New York Labor and Employment Law Report
OFCCP Directs Federal Contractors to Use New Census Data
June 18, 2013
The Office of Federal Contract Compliance Programs (“OFCCP”) recently posted a notice on its website informing federal contractors that they must begin to use the new 2006-2010 EEO Tabulation file as census data for all affirmative action plans commencing on or after January 1, 2014. The United States Census Bureau released the new data file to the public on November 29, 2012, which contains information on 488 occupations. This new data file replaces the Census 2000 Special EEO File that the OFCCP and covered contractors began using in January 2005.
OFCCP requires contractors, in determining availability estimates for their affirmative action plans, to “use the most current and discrete statistical information available.” Therefore, contractors are required to use the new 2010 EEO Tabulation to evaluate the reasonableness of all affirmative action plans commencing on or after January 1, 2014. Contractors may, however, immediately begin to use the 2010 EEO Tabulation in their affirmative action plans if they wish to do so.
