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Sep 16, 2021

New Census data required for AAPs beginning January 1, 2022

Affirmative Action 

The Office of Federal Contract Compliance Programs (OFCCP) recently announced that federal supply and service contractors who prepare written affirmative action programs (AAPs) under Executive Order 11246 must begin using updated U.S. Census data for women and minorities by January 1, 2022. This new Equal Employment Opportunity (EEO) Tabulation was collected from 2014 to 2018. Written AAPs display statistics on the percentage of qualified women and minorities in the relevant recruitment area for each job group in which placements are expected to come from at least some external sources. If the total availability of qualified internal and external female and/or minority candidates is greater than the actual percentages in each job group, the federal contractor is required to set an annual percentage placement goal for the coming year. This isn't a quota; rather, it provides a focus for the contractor's active recruitment and training efforts.

The new EEO Tabulation also changes the names (but not the substance) of the current seven race/ethnicity categories. For example, “Two or more races” will be “Balance of not Hispanic or Latino.” We don't expect this change to affect the AAP availability statistics for qualified minorities. The Equal Employment Opportunity Commission (EEOC) will almost certainly update its EEO-1 Report with the new names, but we're guessing they'll wait to do so until employers submit their 2022 data (due by March 31, 2023). We'll update our Model Form, Invitation to Self-Identify with the new terminology as of January 1, 2022.

Tips: Vigilant will incorporate the new statistics in our affirmative action clients' AAPs dated January 1, 2022, or later. We anticipate that the new EEO Tabulation may result in significant changes in federal contractors' annual percentage placement goals. It's likely that the percentage of qualified minorities has increased in some geographic areas and occupations since the last EEO Tabulation, which was based on data collected from 2006 to 2010. Another reason is that the number of occupational codes was consolidated from 488 down to 237, which could result in less precise matching of actual job titles with the census codes. The number of geographic regions in the data also shrank, from 2,908 down to 2,808, so it may be necessary to select a broader region for some job groups' reasonable recruitment areas. If you use Vigilant to prepare your written AAPs, your Vigilant affirmative action representative will take care of this task.

This website presents general information in nontechnical language. This information is not legal advice. Before applying this information to a specific management decision, consult legal counsel.