OFCCP Asks for Voluntary Submissions from Federal Contractors

APPLIES TO

All Federal Contractors

EFFECTIVE

June 27, 2025

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Quick Look

  • The Office of Federal Contract Compliance Programs’ (OFCCP) Director Catherine Eschbach sent an email to all federal government contractors inviting them to voluntarily provide information about their efforts to wind down their affirmative action programs operating under Executive Order 11246.

Discussion

The Office of Federal Contract Compliance Programs’ (OFCCP) Director Catherine Eschbach sent an email to all federal government contractors inviting them to voluntarily “provide information about their efforts to wind down compliance with the [Executive Order] 11246 regulatory scheme and ensure full compliance with the Nation’s non-discrimination laws.” Executive Order 11246, issued by President Johnson in 1965, prohibited discrimination based on race, color, religion, sex and national origin and required federal contractors to maintain affirmative action plans to ensure equal employment opportunities. This Executive Order was revoked on January 22, 2025 by President Trump’s Executive Order 14173, which eliminated the requirement for affirmative action plans for women and minorities and directed the OFCCP to cease enforcement of Executive Order 11246.

 

The purpose of the Director’s email is for federal contractors to provide an explanation of how they are complying with the requirement to cease their affirmative action plans for women and minorities operating under the previous Executive Order 11246. However, the submission of this information is entirely voluntary. The email also does not state what the OFCCP intends to do with this information or why a federal contractor would want to voluntarily comply. Federal contractors who want to comply with the request should consult with their legal counsel prior to providing any information to the OFCCP.

 

It is important to note that Executive Order 14173 does not change federal contractor requirements to comply with statutory-based mandatory affirmative action plans for veterans and those with disabilities. The Director’s inquiry also does not address this requirement.

 

Action Items

  1. Consult with legal counsel prior to providing any information to the OFCCP.

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