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On December 29, 2003 the Census 2000 Special EEO File was released to the public. It contains race, ethnic and gender data for 472 occupations. This file is similar to those from the 1970, 1980 and 1990 Census.
The Office of Federal Contract Compliance Programs has issued a "Notice on OFCCP's Use of Census 2000 Special EEO File For Determining Reasonableness of Availability Determinations" on their web site at: http://
www.dol.gov/esa/regs/
compliance/ofccp/censuseo.
htm.
Quoting from the site:
OFCCP regulations require that "[t]he contractor must use the most current and discrete statistical information available to derive availability figures." 41 CFR 60-2.14 (d). "Examples of such information include census data, data from local job service offices, and data from colleges or other training institutions."
Contractors frequently use U.S. Census Bureau data to determine availability and OFCCP relies on Census data to assess whether a contractor's availability determination is reasonable.
Contractors who use the Special EEO File to determine availability may begin using data from the Census 2000 Special EEO File immediately. However, OFCCP recognizes
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that some contractors have already prepared their AAPs for 2004 based on earlier census data, which was the most current data available at the time they developed their AAPs. OFCCP will provide contractors using Special EEO File census data time to update their AAPs. OFCCP will expect all contractors who use census data to determine availability estimates to use data from the Census 2000 Special EEO file to complete their AAPs for 2005. OFCCP will begin to use data from the Census 2000 Special EEO File to assess the reasonableness of the contractor's availability determinations beginning with AAP years that commence on or after January 1, 2005.
The regulations state "contractor(s) must use the most current and discrete statistical information available to derive availability figures." 41 CFR 60-2.14 (d). The OFCCP recognizes that some contractors have already prepared their 2004 AAP using 1990 Census or other statistical sources, and will give them time to "update their AAPs." OFCCP expects all contractors to use data from the Census 2000 Special EEO File for all plans in 2005.
Some "experts" are interpreting this language to mean that there is no obligation to use the 2000 Census data until January 1, 2005. Others are saying that the regulations themselves require "the contractor must use the most current and discrete statistical
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information available to derive availability figures." The Census website and now The Complete AAP Version 9 has the 2000 Census data "available." Still others are interpreting the OFCCP's guideline to require "updating" the 2004 AAP with Census 2000 data if you previously constructed it using 1990 Census data.
At this time it seems prudent for contractors who have not yet completed their 2004 AAP to utilize the 2000 Census to construct the plan. It is clearly now "available" for use in affirmative action planning. Those who completed their 2004 plan earlier in the year using the 1990 Census could choose to "update" that plan with 2000 Census data, but it is unclear whether this is actually required. Certainly all affirmative action plans starting January 1, 2005 may no longer utilize the 1990 Census data.
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