On the eve of the Labor Day weekend, OFCCP notified federal contractors of the availability of updated census data for use in determining the AAP availability of women and minorities:  Equal Employment Opportunity Tabulation (EEO Tab).  While the data is not 2020 census data, it is based on 2014 through 2018 American Community Survey census data, which is updated from the 2006 through 2010 data OFCCP has previously required contractors to use for availability in AAPs.  According to OFCCP, this is the most current availability data accessible.  OFCCP makes no mention of when 2020 census data may be accessible.

The Agency has also posted a website notice regarding the new data, including the requirement that federal contractors “must begin using the 2014–2018 EEO Tabulation (2018 EEO Tab) to develop all written affirmative action programs (AAPs) that commence on or after January 1, 2022.”

Notably, as reflected in OFCCP’s FAQs, the Agency has slightly modified the race and ethnicity categories:

In this tabulation, there are a total of 7 race and ethnicity (Hispanic origin) categories:

  1. Hispanic or Latino origin

Not Hispanic or Latino, one race-

  1. White alone
  2. Black or African American alone
  3. American Indian and Alaska Native alone
  4. Asian alone
  5. Native Hawaiian and Other Pacific Islander alone

And-

  1. Balance of not Hispanic or Latino

OFCCP explains that federal contractors must use the “Balance of not Hispanic or Latino” numbers when determining total minority availability (as they did for “Two or More Races).  As Director Yang alluded to in her remarks last month at the NILG National Conference,  contractors “may” also be required to set utilization goals for specific minorities:

  • The 2014-2018 EEO Tabulation includes a column labeled “Balance of not Hispanic or Latino,” which includes the balance of non-Hispanic individuals who reported multiple races or reported some other race alone. For OFCCP AAP purposes, when determining minority availability, contractors must include the information from the “Balance of not Hispanic or Latino” column. However, when the percentage of a particular minority group is substantially less than would be reasonably expected given the availability of that particular group, OFCCP may require the contractor to establish separate goals for that particular group. Therefore, when determining the availability of disaggregated race or ethnicity groups, do not use the information included in the “Balance of not Hispanic or Latino” column. For more information on disaggregated goal-setting, visit OFCCP’s FAQ website for https://www.dol.gov/agencies/ofccp/faqs/placement-goals

The FAQs are filled with additional information regarding the census data.  For example, what are “worksite-to-residence commuting flows”?

  • The worksite-to-residence commuting flows focus on where people work (worksite) and provide additional information on where people commute from (place of residence). County-to-county flows are included in tables EEO 1w through EEO 7w. Contractors should consider this data when establishing the reasonable recruitment area for determining availability, see 41 CFR 60-2.14(b)(1).

It is also interesting to note that the number of occupation codes has decreased.  Why?

  • In an effort to reduce the number of empty (suppressed) cells and to increase the reliability of the estimates, the federal consortium reduced the number of detailed occupations from 488 in the 2006-2010 EEO Tabulation to 237 in the 2014-2018 EEO Tabulation. (The number of industrial estimates was also reduced from 90 to 20.) The process was influenced by many factors including, revisions to the 2018 ACS PUMS Occupation Code and more stringent data disclosure rules. More technical information and a crosswalk of occupations from the 2006-2010 EEO Tabulation and the 2014-2018 EEO Tabulation can be found at the Census EEO website here: https://www.census.gov/acs/www/data/eeo-data/eeo-tables-2018/

This change will require some reworking of availability analyses and will likely impact the resulting utilization analyses, and goal setting.

As we dive into the new census data, we will share our insights and thoughts so stay tuned for more.

Tags: Availability calculations, Census data, EEO Tabulation, OFCCP, Office of Federal Contract Compliance Programs, updated census data, Utilization goals
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Photo of Laura A. Mitchell Laura A. Mitchell

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating…

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating legal risk. Laura is a guiding force in the firm’s most specialized and technical practice areas where she leverages an analytics-focused approach to partner with her clients in building legally compliant programs around which they can anchor their workplaces achieving productivity and stability.

Laura understands that creating a competitive advantage for employers in today’s workplace involves using a data-driven approach to counsel companies on the development of proactive and equitable non-discriminatory practices in hiring, promotions, separations and pay—and where advancements in technology can create both opportunities for efficiencies and risk that can be measured. Committed to putting her clients’ organizational goals first and foremost while balancing legal risk, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication. Staying the course with employers across their organizational journey while balancing legal compliance obligations throughout their employees’ lifecycle ensures Laura’s position as a go-to resource.

Laura works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize the combined vision of legal compliance, increased productivity and economic growth enhanced by a focus on pay equity.  As part of the pay equity journey, she advises employers on the evolving pay transparency landscape, working to align compliant practices with the practical realities of the business world.

Laura partners closely with government contractors to understand, implement and demonstrate compliance with their EEO regulatory and compliance obligations. She also works closely with non-government contractor clients to conduct risk assessments of their programs, policies, and training to align with federal and state anti-discrimination requirements.

Laura is the editor and a principal contributor of the GovCon Employment Exchange blog and presents on pay equity and government contractor obligations. To round out her days, Laura enjoys spending time with her family and friends attending sports events, working out, riding her bike, playing pickleball and taking in Colorado’s incomparable sunsets.

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