Until the Office of Federal Contract Compliance Programs issues its final rules, federal contractors may use the new EEO-1 Report form in preparing their affirmative action plans, the agency says.

OFCCP says it recognizes that contractors will need to begin collecting data under the new race and ethnicity standards before they are able to use such data in their AAPs and other records produced during compliance evaluations: “Accordingly, until final rules and guidance are provided by OFCCP, as a matter of enforcement discretion, the agency will not cite a contractor for non-compliance solely because it utilizes the race and ethnic categories required by the revised EEO-1 Report when preparing its AAP. Contractors also are permitted to prepare their AAP using the racial and ethnic categories provided under OFCCP's current regulations.”