Thoughts on OFCCP Discussion on "The New Census EEO Tab"

On Wednesday, February 6, the U.S. Department of Labor's Office of Federal Contract Compliance Programs held a discussion regarding the new EEO data now available from the Census Bureau.  This discussion was entitled "New Census EEO Tab Discussion."  This session was held as an invitation by OFCCP to have federal contractors and their representatives comment on the new EEO data that will be used in affirmative action plans.

It seemed clear from the OFCCP portion of this discussion that the agency has had limited experience with the new EEO data.  The agency's representatives did not seem to be aware of the significant number of differences the new EEO data has with the EEO data made available from the 2000 census.  A number of HR practitioners and consultants (including the writer of this article) tried to clarify for OFCCP some of the contractor community's concerns about the new EEO data.  (The new EEO data and information about this data can be found at http://www.census.gov/people/eeotabulation/.)

It should be noted that the new EEO data is, in fact, not an abstract from the 2010 census per se.  Unlike the data in the 1990 and 2000 EEO files, the new EEO data that has recently been made available is a compilation from 2006 through 2010 American Community Survey (ACS) data.

Rather than trying to represent what others had to say, here are some of the points I raised during this discussion:

• There is no data tool that makes the new EEO data easily accessible to HR practitioners and others seeking to use this new data.  This is unlike 1990, when the EEO data was made available on CD-ROM with an easy-to-use data tool, and it is unlike 2000, when the EEO data was made available on the web with a different easy-to-use data tool.
• The on-line method for accessing the new EEO data requires multiple, cumbersome steps that make it difficult to review or download information on anything more than a few lines of data.
• The data files available via the FTP site are not accessible through Excel or many of the other programs commonly used by HR practioners and others seeking to use this data.  The data files are too large to be read in Excel.  Even with a relatively sophisticated database tool, the data files will require significant manipulatation and restructuring to make them viable for use in affirmative action plans.
• While the census occupation codes, geographical places, and other attributes for the new EEO data are similar to the data in the 2000 EEO file, there are enough differences that users will be required to make a number of adjustments to accommodate the changes in the new EEO data.  Users with multiple affirmative action plans and/or large, complex affirmative action plans will be required to spend extensive time learning the new census occupation codes and other attributes in the new EEO data.
• While some (and perhaps many) contractors use consultants and vendors to provide data for the availability analyses in affirmative action plans, there are some contractors that gather data and conduct these analyses in-house. OFCCP should be aware of the particular burdens that these contractors face because of the issues noted above.
• In light of the various issues contractors will face in using the new EEO data, OFCCP should not require the use of this data before January 2014 at the very earliest.

There were no representatives of federal contractors who indicated during the discussion that it will be simple to use the new EEO data, and the various comments provided by the contractor community reinforced each other effectively.  However, it is not clear what action OFCCP will take, even with the input provided during this discussion.  Federal contractors should watch OFCCP's website (http://www.dol.gov/ofccp) carefully to seen when a directive is issued concerning the use of the new EEO data.