Late in the day on January 23, 2025, the Office of Federal Compliance Programs (OFCCP) sent out its first official agency communication since President Trump’s historic Executive Order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” revoked Executive Order 11246 (Equal Employment Opportunity).
In an email to stakeholders, OFCCP acknowledged the revocation of EO 11246, noting contractors may continue to comply with the regulatory scheme in place prior to the signing of the EO for 90 days. The message also reiterated the order from the White House that the Agency
“shall 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.
The communication confirmed, as has been reported, 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, which are statutory, “remain in effect,” noting both statutes are “enforced by OFCCP.”
While the government contractor community is anxiously awaiting further details on the implications of the executive order on their current and future obligations, OFCCP’s notice provided only a simple statement that
“Additional information regarding OFCCP’s current activities will be forthcoming in the upcoming weeks.
The communication directed questions to be submitted to the OFCCP Customer Service Helpdesk.
