|(1) Definition of Underrepresentation:
"Underrepresentation, as defined in 5 CFR, Section 720.202, means a
situation in which the number of women or members of a minority group within a category of
civil service employment constitutes a lower percentage of the total number of employees
within the employment category than the percentage that women or the minority group
constitutes within the civilian labor force of the United States."
-- FEORP FY 2006 at page 46
Discussion and Illustration:
According to the feds' statistics, 12.8% of the Relevant Civilian Labor Force (RCLF) is
comprised of Hispanics. This number allegedly represents the proportion of Hispanics
in the general population who are qualified for the federal jobs under analysis.
Chart from page 9 of the FY 2006 OPM report.
The red notations were added by our editors.
The feds' employment data show that only 7.6% of federal jobs (Federal Workforce, or FW)
for which the Hispanics are qualified are actually filled by Hispanics.
Under the law this means Hispanics are "underrepresented" in the Federal
Workforce by -5.2% (12.8% RCLF - 7.6% FW = -5.2%). This, in turn, triggers an
"affirmative action plan" by the feds to increase their employment of Hispanics
by at least 5.2% over current federal levels. (As the preponderance of the
data show, there is actually no upper limit on federal hiring of preferred minorities.)
Very reasonable, right? Wrong! This is only a reasonable and just policy if
you buy into the notion that every race, skin color, and gender is entitled to
proportional representation in all employment opportunities.
But where does it say that in the U.S. Constitution or in the Bill of Rights? One
must reasonably ask are we a country that promises equal opportunity based upon effort and
ability regardless of skin color, or are we a country that promises equal results based on
Furthermore, there are some insurmountable problems with the way in which the feds compute
the underrepresentation of of "Hispanics".
First, the Civilian data used by OPM to compute "underrepresentation" includes non-citizens
and unemployed individuals, whereas the Federal Workforce (FW)
data, by their own definition, includes only employed individuals who are predominantly
U.S. citizens. This chart illustrates the non-comparability of the two sets of data
used by OPM:
Relevant Civilian Labor
Proportion of Hispanics:
The inclusion of non-citizen Hispanics, unemployed Hispanics, and undocumented (illegal)
immigrants greatly inflates the RCLF which in turn greatly overstates the alleged
"underrepresentation" of Hispanics in the fed workforce.
The U.S. Government Accountability Office (GAO) issued a report last year in which they strongly
urged the feds to take citizenship into account when computing the representation of
Hispanics. According to GAO, both OPM and the U.S. EEOC rejected this
suggestion. This is evident in the current FEORP FY2006 data which Adversity.Net has
Furthermore, the GAO report showed that the likelihood of Hispanics being employed by the
federal government is actually higher than for non-Hispanics when the population data are
adjusted for citizenship and education!
GAO's report to Congress in substantial part stated the following:
The EEOC and the U.S. Office of Personnel Management should discontinue
their practice of counting non-citizen Hispanics in the Civilian Labor Force (CLF).
After all, as GAO helpfully points out in their report, the federal government does not
hire non-citizens except in extremely rare instances.
Furthermore, GAO reports that when U.S. citizenship and level of education are taken into
account, Hispanics are 24% MORE likely to be federal employees than
According to GAO's report, both the EEOC and OPM were unenthusiastic about these
recommendations. In fact, as our analysis of the OPM's FY 2006 hiring data clearly
show, OPM has completely ignored the GAO's recommendations. Read all about the GAO Report.
See the August 2006 GAO report which strongly recommends that the feds STOP counting
non-citizen Hispanics in calculating racial quotas.
See our Report
|(2) Definition of Civilian Labor Force (CLF):
"The Civilian Labor Force (CLF) percentages for each minority group presented
in this report are derived from the Bureau of Labor Statistics' Annual Current Population
Survey (CPS). The CPS data cover non-institutionalized individuals 16 years of age or
older, employed or unemployed, U.S. citizens and non-U.S. citizens."
-- FEORP FY 2006 at page 46
"The Relevant Civilian Labor Force (RCLF) is the Civilian Labor Force (CLF)
data that are directly comparable (or relevant) to the occupational population being
considered in the FW. For example, we would compare Black engineers employed in the
Federal workforce with Black engineers reported in the RCLF. In this report, the RCLF
varies from agency to agency because of the differing occupational mix within each
|(3) Definition of Relevant Civilian Labor Force
-- FEORP FY 2006 at