['Discrimination']
['Executive Order 11246']
05/17/2022
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What is the Equal Opportunity Survey?
OFCCP created the Equal Opportunity Survey to gather certain employment information from Federal contractors and subcontractors. The Equal Opportunity Survey asks for information on a contractor's Affirmative Action Program as well as summary data on personnel activity and compensation.
Why is the Equal Opportunity Survey needed?
The EO Survey is intended to improve the selection of contractors for compliance evaluations, which the Department uses to determine compliance with nondiscrimination and EEO regulations. The EO Survey will allow OFCCP to obtain information that may be used to efficiently allocate resources and reduce contractor compliance burdens.
Where in OFCCP's regulations is the Equal Opportunity Survey authorized?
The regulations at 41 CFR § 60-2.18 authorize OFCCP to send out an EO Survey. In addition, 41 CFR § 60-1.12 requires a contractor to keep employment or other records. The EO Survey is a request for some of that information. You may obtain a copy of the regulations from our web site, OFCCP.
What information is OFCCP requesting in the Equal Opportunity Survey?
We are requesting three categories of information:
- General information on an establishment's EEO and Affirmative Action Program activities.
- Combined Personnel Activity information for each EEO-1 category by gender, race, and ethnicity.
Combined Compensation data for each EEO-1 category for minorities and non-minorities by gender.
May I file Equal Opportunity Survey data by Affirmative Action Program job group?
Yes, provided you file your Equal Opportunity Survey response electronically using the OFCCP's secure website. The online screen version is formatted to allow a contractor an option of securely reporting Equal Opportunity Survey data by EEO-1 category or by Affirmative Action Program (AAP) job group, provided all jobs in each job group are within the same EEO-1 category. If you choose to report by AAP job group, you must identify the EEO-1 category to which each job group belongs and you may not submit a job group that crosses EEO-1 category lines.
When did OFCCP send out the Equal Opportunity Survey for 2003?
The 2003 Equal Opportunity Survey was mailed beginning December 30, 2003.
Do all federal contractors and subcontractors have to submit an Equal Opportunity Survey?
No. Not all federal contractors and subcontractors will receive an EO Survey this year. However, federal contractors and subcontractors who receive the EO Survey must complete and return the Equal Opportunity Survey by March 26, 2004, if both of the following statements are true:
- Your company or corporation is a federal contractor or subcontractor; and
- Your company or corporation has 50 or more employees;
and any one of the following statements is true:
- Your company or corporation has a federal contract or subcontract of $50,000 or more.
- Your company or corporation is a financial institution that is an issuing and paying agent for U.S. Savings Bonds and Notes.
- Your company or corporation serves as a depository of federal government funds in any amount.
- Your company or corporation has federal government bills of lading which in any 12-month period, total or can reasonably be expected to total $50,000 or more.
- Your company or corporation has an open-ended or indefinite quantity federal contract or subcontract (such as a procurement order or standing invoice) that will total $50,000 or more.
Note: Your facility may or may not be the same location where your company or corporation is performing work under a federal contract or subcontract, but your facility is still considered a federal contractor establishment.
If the recipient does not meet these criteria, it must still return the Equal Opportunity Survey form and indicate thereon that it is not a federal contractor or subcontractor required to maintain a written Affirmative Action Program.
How did OFCCP select contractors to receive the Equal Opportunity Survey?
OFCCP selected contractor establishments randomly, using EEO-1 reports for the year 2002.
What are OFCCP's plans for the Equal Opportunity Survey data?
The intent is to make the Equal Opportunity Survey a reliable predictor of discrimination problems that will enable OFCCP to be more effective and efficient when spending taxpayer dollars. OFCCP hired a reputable contractor to study and improve the Equal Opportunity Survey and the selection methodology.
What did OFCCP do with the 10,000 Equal Opportunity Surveys that went out in December 2002?
OFCCP reviewed the responses to the December 2002 mailing, including responses to the 49,000 Equal Opportunity Surveys that were mailed in December 2000, along with prior Equal Opportunity Survey studies that recommended an additional study. These responses are being used in a current study, conducted by Abt Associates, a respected research firm, to determine the usefulness of the Equal Opportunity Survey data. In particular, Abt Associates is studying whether the Equal Opportunity Survey data can be used to develop an accurate selection model that is able to identify those contractors that are more likely to be engaged in systemic discrimination. In order to complete this study, OFCCP randomly selected and scheduled some of the December 2002 Equal Opportunity Survey contractor establishments for a compliance evaluation in FY 2003.
Why did I receive an Equal Opportunity Survey?
Our records indicate that your company is a federal contractor or subcontractor. Most federal contractors are required to make and retain employment records, as well as engage in certain equal employment opportunity self-assessments. The EO Survey is a request for some of that information.
What will OFCCP do with my Equal Opportunity Survey data?
EO Survey data gathered from federal contractor and subcontractor establishments will provide OFCCP with information to improve decisions about the selection of contractors for compliance evaluations.
How long do I have to complete the Equal Opportunity Survey?
The EO Survey should be completed and returned to OFCCP by March 26, 2004.
May I file my Equal Opportunity Survey electronically?
Yes, provided you file your Equal Opportunity Survey response using OFCCP's secure website. The online screen version is formatted to allow a contractor an option of securely reporting Equal Opportunity Survey data by EEO-1 category or by Affirmative Action Program (AAP) job group, provided that all jobs in each job group are within the same EEO-1 category. If you choose to report by AAP job group, you must identify the EEO-1 category to which each job group belongs and you may not submit a job group that crosses EEO-1 category lines. Instructions regarding electronic Equal Opportunity Survey submission and reporting of data are available at our Survey website.
How will confidentiality be maintained?
The Department is very sensitive to the confidential nature of the requested data. It is the policy and practice of the Department of Labor, consistent with the Freedom of Information Act (FOIA), to vigorously protect the confidentially of all data that it obtains through its compliance evaluation process. Moreover, Department will treat information contained in the Equal Opportunity Survey as confidential to the maximum extent the information is exempt from public disclosure under the FOIA, 5 U.S.C. 552.
Who can I call if I have questions about completing the Equal Opportunity Survey?
For more information or assistance about completing the Equal Opportunity Survey, call the Equal Opportunity Survey:
Technical Assistance Help Desk at 1-800-397-6443 for assistance on filing electronic surveys, requesting blank surveys, requesting or changing PIN, etc.; or call the
Policy Assistance Help Desk at 1-800-397-6251 for all other policy related matters.
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