Earlier this afternoon, the Office of Federal Contract Compliance Programs (OFCCP) announced that all federal contractors must use the 2006-2010 American Community Survey Equal Employment Opportunity Tabulation (2010 EEO Tab) to develop their written affirmative action programs (AAPs) on or after January 1, 2014. The 2010 EEO Tab was released by the U.S. Census Bureau on November 29, 2012. In the announcement, OFCCP notes that contractors may continue to use the 2000 Special EEO Tab for the remainder of the calendar year or may immediately begin using the 2010 EEO Tab. OFCCP also noted that it will begin using the 2010 EEO Tab to “evaluate the reasonableness of all AAPs commencing on or after January 1, 2014.”

This announcement allows contractors to choose between using the 2000 Special EEO Tab for the remainder of the year, but makes clear that OFCCP will enforce the use of the 2010 EEO Tab in compliance evaluations commencing as of January 1, 2014.

Scott Kelly is a shareholder in the Birmingham office of Ogletree Deakins.