Employment Law Blog

News, trends and analysis in employment law and HR

Jun 11, 2013

Affirmative Action: 2010 Census EEO data mandatory in 2014

Affirmative Action 

As of January 1, 2014, federal contractors must begin using the 2010 Census EEO data. Until then, employers have the option of continuing to rely on the old 2000 Census data in their written affirmative action plans (AAPs), or making the switch to the new data and updating their AAP now.

As of January 1, 2014, federal contractors must begin using the 2010 Census EEO data, said the Office of Federal Contract Compliance Programs (OFCCP) in a recent announcement. Until then, employers have the option of continuing to rely on the old 2000 Census data in their written affirmative action plans (AAPs), or making the switch to the new data and updating their AAP now. The Census data is crucial in affirmative action compliance. Employers with covered federal contracts or subcontracts must compare the race/ethnicity and gender of their existing workforce, to the expected availability of qualified workers in the reasonable recruitment area. If fewer minorities and women work for the employer than would reasonably be expected based on their availability, then the employer must establish annual percentage placement goals.

Tips: Because of the changing demographics of the United States between 2000 and 2010, we expect that for most employers, it will be advantageous to use the old data for as long as possible. If you’re curious about the new data, it’s available online, but it’s not easy to navigate. For those companies who use Vigilant to prepare their annual written AAPs, our software will incorporate the new data beginning in 2014 (unless a particular employer wants to use it sooner). For more help with affirmative action and hiring laws, visit our blog or if you’d like to learn more about Vigilant’s affirmative action plan and compliance services, see our brochure. 

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