On January 23, 2025, the Office of Federal Compliance Programs (OFCCP) sent out its first official agency communication since the issuance of President Trump’s Executive Order (the “Trump Order”) revoking Executive Order 11246 . The message served to inform contractors of the import of Trump Order, but also that some OFCCP obligations remain.
OFCCP’s message referenced the revocation of EO 11246, noting that, per the Trump Order, “[f]or 90 days from the date of this order, Federal contractors may continue to comply with the regulatory scheme in effect on January 20, 2025,” with OFCCP adding emphasis to the word “may.”
The message also confirmed that per the Trump Order, OFCCP will immediately cease:
- Promoting “diversity”.
- Holding Federal contractors and subcontractors responsible for taking “affirmative action”; and
- Allowing or encouraging Federal contractors and subcontractors to engage in workforce balancing based on race, color, sex, sexual preference, religion, or national origin.
Importantly, OFCCP noted that requirements under Section 503 of the Rehabilitation Act, 29 U.S.C. 793, and the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA), 38 U.S.C. 4212, are “enforced by OFCCP, are statutory and remain in effect.” (emphasis in original). Accordingly, federal government contractors are still required to comply with their affirmative action and other OFCCP obligations as they pertain to protected veterans and individuals with disabilities.
OFCCP also promised that “[a]dditional information regarding OFCCP’s current activities will be forthcoming in the upcoming weeks,” and that any questions should be submitted to the OFCCP Customer Service Helpdesk.
Proskauer’s Government Contractor Compliance Group will continue to monitor and report developments here.
