Navigating Demographic Data Collection

If you're navigating the world of applicant demographic data—whether for compliance or for your organization's DEI goals—you're likely to encounter terms like EEO, OFCCP, and demographic surveys. Here's what they mean, why they matter, and how to approach them responsibly.

What Is EEO Data?

EEO stands for Equal Employment Opportunity, and EEO data typically refers to demographic data collected about employees, not applicants. The EEOC (Equal Employment Opportunity Commission) is a U.S. federal agency that enforces laws prohibiting discrimination in employment.

EEO reporting is mandatory for:

• Private sector employers with 100+ employees
• Federal contractors with 50+ employees who meet specific contract requirements

These employers are required to submit annual EEO-1 reports that summarize workforce demographics by race/ethnicity, gender, and job category.

What About Applicant Demographic Data?

Collecting demographic data from applicants falls under the jurisdiction of a separate federal agency: the OFCCP (Office of Federal Contract Compliance Programs). This agency oversees compliance for federal contractors and subcontractors doing business with the U.S. government.

Key Points:

• Only certain federal contractors are required to collect demographic data from applicants.

  This includes data on race, ethnicity, gender, and, in some cases, disability and veteran status.

  Data collection is required only for individuals who meet the definition of an “applicant,” meaning they:

  • Express interest in employment (e.g., submit an application)
  • Meet all basic qualifications
  • Do not voluntarily withdraw from the process

Voluntary, Not Mandatory (for Most)

If your organization is not a federal contractor, you are not required to collect applicant demographic data. However, it is legal to do so—and can be an important part of your DEI strategy—as long as best practices are followed to avoid any risk of discrimination or bias.

Best Practices for Collecting Applicant Demographics

To protect applicants and your hiring process, follow these industry-standard practices:

• Keep data voluntary: Candidates must never be required to provide demographic information.
• Segregate data: Demographic responses should be stored separately from application materials.
• Restrict access: No one involved in hiring decisions should see individual demographic data.
• Secure the data: Use strong data protection and access control measures.
• Anonymize and aggregate: Use demographic data only in anonymous, summarized formats for reporting or analysis.
• Be consistent: Apply the same survey consistently across all roles and applicant pools.

Why We Call It a “Demographic Survey”

While many ATSs refer to this as an "EEO survey," we’ve chosen to use the term Demographic Survey at Datapeople. This makes the purpose clearer and more inclusive—it’s not just for compliance, but also for organizations working toward broader DEI goals. Plus, it allows us to scale the survey's capabilities in the future to better support your needs.