What Is the Federal Law for Claiming Minority Status?

Race and ethnic classification are topics covered in federal OMB Statistical Policy Directive Number 15.

The President's Office of Management and Budget (OMB) issued Policy Directive Number 15 in 1977. In 1995, the Directive was re-interpreted and reviewed in detail. As of December 2010, standards contained in the Directive were still applied by federal agencies when determining determining minority status.

Purposes for Issuing OMB Policy Directive No. 15

OMB Directive No. 15 was issued by the Executive Office of the President to clarify the process to be used by federal agencies in determining compliance with affirmative action programs. The classifications affect numerous federal agency policies ranging from agency hiring practices to Small Business Administration (SBA) lending policies.

Ethnic & Racial Classification

Classification of a person's ethnicity and race plays a substantial role in federal employment decisions and determining whether preference can be given in the process of awarding federal contracts.

There is great latitude when determining race and ethnicity. Directive No. 15 provides that race and ethnicity should be determined by a variety of factors including race as listed on birth certificates, community perception, and self-perception as to one's race, among other factors.

Inherent Classification Problems

There are major inherent problems with determining a person's race and ethnicity. Since every person's ethnic and racial background is unique and diverse, strict guidelines can't always be applied. Directive No. 15 acknowledges this conflict and even states that race and ethnicity is sometimes determined by what race or ethnicity a community considers a person to be from rather than from any objective standard.

References

• Executive Office of the President: OMB Policy Directive No. 15