On September 3, 2021, OFCCP issued a notice requiring federal contractors to use the recently released 2014-2018 Equal Employment Opportunity Tabulation (“2018 EEO Tab”) to develop any Affirmative Action Programs (“AAPs”) that commence on or after January 1, 2022. The 2018 EEO Tab was released earlier this year by the U.S. Census Bureau. It replaces the 2006-2010 EEO Tabulation contractors have been using for AAP purposes.

Under OFCCP regulations, federal contractors are required to “use the most current and discrete statistical information available… includ[ing] census data” to conduct availability analyses, which determine the availability of qualified minorities and women for job openings. Determining availability is a key requirement of an AAP because it is used “to establish a benchmark against which the demographic composition of the contractor’s incumbent workforce can be compared in order to determine whether barriers to equal employment opportunity may exist within particular job groups.”

Although contractors must begin using the 2018 EEO Tab starting next year, they may begin using it in the development of their AAPs earlier if they so choose. The EEO Tab and additional information can be found on the Census Bureau’s website.

As always, we will continue to report on developments as further details emerge.

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