President Donald Trump issued an Executive Order on January 21, 2025 entitled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity”, which canceled a variety of Executive Orders including Executive Order 11246 which required affirmative action and workforce balancing by Federal contractors. The new order allows Federal contractors to continue compliance with the regulatory scheme in effect on January 20, 2025 for 90 days from the date of this new order to provide time to convert policies and practices and to allow proposals to be submitted without redrafting.
Per this new Executive Order, the Office of Federal Contract Compliance Programs (OFCCP) 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.
Employer 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, both enforced by OFCCP, are statutory and shall remain in effect. If you have any questions, please contact the OFCCP Customer Service Helpdesk at 1-800-397-6251 or 711 for TTY-Based Telecommunications Relay Service.