OFCCP Requiring Contractors to Use Latest Census Data for AAPs

by Bracewell LLP

On May 15, 2013, the Office of Federal Contract Compliance Programs (OFCCP) posted a Notice on its website informing covered federal contractors that they will be required to use the 2006-2010 EEO Tabulation, released by the U.S. Census Bureau in November 2012, in preparing affirmative action plans (AAPs) that commence on or after January 1, 2014. The 2006-2010 EEO Tabulation replaces the Census 2000 Special EEO File that has been used by OFCCP and covered federal contractors since January 2005. The entire 2006-2010 EEO Tabulation is available here. The specific reports by detailed occupations typically utilized by federal contractors can be found at the "EEO Occupation Code" button here.

OFCCP Requirements for AAPs
Under OFCCP regulations implementing Executive Order 11246, federal supply and service contractors with 50 or more employees and a contract worth more than $50,000 are required to prepare and maintain AAPs to ensure that they are meeting their equal employment opportunity obligations.  For purposes of establishing goals, federal contractors are required to determine the availability of qualified women and minorities by calculating both internal availability ("promotables" within the contractor’s workforce) and external availability.  41 C.F.R. § 60-2.14(a).  In calculating the external factor in the availability estimates, OFCCP requires contractors "to use the most current and discrete statistical information available," which includes "census data, data from local job service offices, and data from colleges or other training institutions."  41 C.F.R. § 60-2.14(d). 

2006-2010 EEO Tabulation
The new EEO Tabulation contains information on 488 occupations and is similar to the Special EEO File created after the 2000 decennial census and provides data on the U.S. labor force by sex, race, and ethnicity.  The 2006-2010 EEO Tabulation contains 107 tables and is searchable by geographic location, occupation, and other variables.  The most common reports utilized for the preparation of the external factor of the availability analysis are known as the "2r" reports. 

The detailed occupational categories are based on the new 2010 Standard Occupational Classification (SOC).  A "crosswalk" between Census 2000 occupation categories used in the Census 2000 Special EEO File tabulation and the 2006-2010 EEO Tabulation occupation categories is available here.  Most occupational codes simply add a "0" before the prior code (e.g., CEOs – the prior code was 001; the current code is 0001)

There are several other differences between the 2006-2010 EEO Tabulation and the Census 2000 Special EEO File that will affect the preparation of AAPs for 2014.  For example, according to the Census Bureau in response to frequently asked questions about the 2006-2010 EEO Tabulation, this is the first time the file is produced using American Community Survey (ACS) data.  Data users can compare ACS 1-year, 3-year or 5-year estimates with Census 2000 data.  Differences in the universe, question wording, residence rules, reference periods, and the way in which data are tabulated can impact comparability with Census 2000.  Also, this is the first time the tabulation provides pre-calculated margins of error for every estimate and percentage.  ACS data is collected from a sample of the population in the United States and Puerto Rico – rather than from the whole population.  All ACS data are survey estimates, which is why a margin of error is published. 

In addition, the tabulation provides data by citizenship and unemployment status for the first time.  The U.S. total and state geographies are available for worksite tables and the tabulation provides data on Puerto Rico as part of the geographic tabulations

Use of the 2006-2010 EEO Tabulation Not Required Until 2014
OFCCP has recognized that some federal contractors have already prepared their AAPs for 2013 and that it will take time for many contractors to convert or upgrade software systems to incorporate the data in the 2006-2010 EEO Tabulation.  As a result, OFCCP is allowing contractors to continue using the Census 2000 Special EEO File in the development of AAPs commencing in 2013.  However, the 2006-2010 EEO Tabulation must be used for all AAPs commencing on or after January 1, 2014.  Likewise, the OFCCP will begin utilizing the 2006-2010 EEO Tabulation in 2014 to evaluate contractor’s compliance with Executive Order 11246.

Federal contractors should begin taking steps now to convert or upgrade their software systems to ensure that their 2014 AAPs are compliant with OFCCP regulations and are based on current data.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Bracewell LLP | Attorney Advertising

Written by:

Bracewell LLP

Bracewell LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
Privacy Policy (Updated: October 8, 2015):

JD Supra provides users with access to its legal industry publishing services (the "Service") through its website (the "Website") as well as through other sources. Our policies with regard to data collection and use of personal information of users of the Service, regardless of the manner in which users access the Service, and visitors to the Website are set forth in this statement ("Policy"). By using the Service, you signify your acceptance of this Policy.

Information Collection and Use by JD Supra

JD Supra collects users' names, companies, titles, e-mail address and industry. JD Supra also tracks the pages that users visit, logs IP addresses and aggregates non-personally identifiable user data and browser type. This data is gathered using cookies and other technologies.

The information and data collected is used to authenticate users and to send notifications relating to the Service, including email alerts to which users have subscribed; to manage the Service and Website, to improve the Service and to customize the user's experience. This information is also provided to the authors of the content to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

JD Supra does not sell, rent or otherwise provide your details to third parties, other than to the authors of the content on JD Supra.

If you prefer not to enable cookies, you may change your browser settings to disable cookies; however, please note that rejecting cookies while visiting the Website may result in certain parts of the Website not operating correctly or as efficiently as if cookies were allowed.

Email Choice/Opt-out

Users who opt in to receive emails may choose to no longer receive e-mail updates and newsletters by selecting the "opt-out of future email" option in the email they receive from JD Supra or in their JD Supra account management screen.


JD Supra takes reasonable precautions to insure that user information is kept private. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. However, please note that no method of transmitting or storing data is completely secure and we cannot guarantee the security of user information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.

If you have reason to believe that your interaction with us is no longer secure, you must immediately notify us of the problem by contacting us at info@jdsupra.com. In the unlikely event that we believe that the security of your user information in our possession or control may have been compromised, we may seek to notify you of that development and, if so, will endeavor to do so as promptly as practicable under the circumstances.

Sharing and Disclosure of Information JD Supra Collects

Except as otherwise described in this privacy statement, JD Supra will not disclose personal information to any third party unless we believe that disclosure is necessary to: (1) comply with applicable laws; (2) respond to governmental inquiries or requests; (3) comply with valid legal process; (4) protect the rights, privacy, safety or property of JD Supra, users of the Service, Website visitors or the public; (5) permit us to pursue available remedies or limit the damages that we may sustain; and (6) enforce our Terms & Conditions of Use.

In the event there is a change in the corporate structure of JD Supra such as, but not limited to, merger, consolidation, sale, liquidation or transfer of substantial assets, JD Supra may, in its sole discretion, transfer, sell or assign information collected on and through the Service to one or more affiliated or unaffiliated third parties.

Links to Other Websites

This Website and the Service may contain links to other websites. The operator of such other websites may collect information about you, including through cookies or other technologies. If you are using the Service through the Website and link to another site, you will leave the Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We shall have no responsibility or liability for your visitation to, and the data collection and use practices of, such other sites. This Policy applies solely to the information collected in connection with your use of this Website and does not apply to any practices conducted offline or in connection with any other websites.

Changes in Our Privacy Policy

We reserve the right to change this Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our privacy policy will become effective upon posting of the revised policy on the Website. By continuing to use the Service or Website following such changes, you will be deemed to have agreed to such changes. If you do not agree with the terms of this Policy, as it may be amended from time to time, in whole or part, please do not continue using the Service or the Website.

Contacting JD Supra

If you have any questions about this privacy statement, the practices of this site, your dealings with this Web site, or if you would like to change any of the information you have provided to us, please contact us at: info@jdsupra.com.

- hide
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.