e-Bulletin: Federal Contractors Can use New EEO-1 Categories for their Affirmative Action Programs
August 24, 2007
The 2007 EEO-1 report, which is due September 30, contains new race and job categories. The report adds a new category titled “two or more races” and splits the prior category “Asian or Pacific Islanders” into two separate categories: “Asian” and “Native Hawaiian or other Pacific Islanders.” The new EEO-1 report also splits the prior “Officials and Managers” job category into two subgroups: “Executive/Senior Level Officials and Managers” and “First/Mid Level Officials and Managers.”
The new EEO-1 categories have left federal contractors and subcontractors in a quandary as to what categories to use for affirmative action programs. The Office of Federal Contract Compliance Programs (“OFCCP”) requires contractors to collect and maintain information about the race and ethnicity of their employees based on the categories found in the old EEO-1 report. The OFCCP has yet to publish regulations changing its required race categories to match those found in the new EEO-1 report.
On August 22, 2007, the OFCCP posted interim guidance allowing federal contractors and subcontractors to use the new race and ethnic categories found in the EEO-1 report when preparing their affirmative action programs. The OFCCP states that until it publishes new regulations itself, it will not cite a contractor as non-compliant because it uses these new categories. Contractors are also free, for purposes of their affirmative action programs, to continue to use the old race categories. However, it is expected that when the OFCCP publishes new regulations, it will make the race and ethnic categories consistent with those found in the new EEO-1 report.
The attorneys at Taft are experienced in advising employers and contractors in the many nuances involved in satisfying their EEO-1 reporting obligations and creating and implementing effective affirmative action programs.
The new EEO-1 categories have left federal contractors and subcontractors in a quandary as to what categories to use for affirmative action programs. The Office of Federal Contract Compliance Programs (“OFCCP”) requires contractors to collect and maintain information about the race and ethnicity of their employees based on the categories found in the old EEO-1 report. The OFCCP has yet to publish regulations changing its required race categories to match those found in the new EEO-1 report.
On August 22, 2007, the OFCCP posted interim guidance allowing federal contractors and subcontractors to use the new race and ethnic categories found in the EEO-1 report when preparing their affirmative action programs. The OFCCP states that until it publishes new regulations itself, it will not cite a contractor as non-compliant because it uses these new categories. Contractors are also free, for purposes of their affirmative action programs, to continue to use the old race categories. However, it is expected that when the OFCCP publishes new regulations, it will make the race and ethnic categories consistent with those found in the new EEO-1 report.
The attorneys at Taft are experienced in advising employers and contractors in the many nuances involved in satisfying their EEO-1 reporting obligations and creating and implementing effective affirmative action programs.
