In a letter dated June 27, 2025, sent to federal contractors and posted on its website, the Office of Federal Contract Compliance Programs (OFCCP) announced it is providing federal contractors the option to voluntarily submit information about actions they have taken in response to Executive Order 14173, "Ending Illegal Discrimination and Restoring Merit-Based Opportunity."
OFCCP Director Catherine Eschbach asserts in the letter that Executive Order 14173 "reaffirmed the central importance of federal non-discrimination laws" by "eliminating reliance upon unlawful, unfair, and unsafe discriminatory practices, including those labeled as Diversity, Equity, and Inclusion (DEI). . . ." EO 14173 rescinded EO 11246, a Johnson-era directive that required federal contractors to implement affirmative action programs to ensure equal employment opportunity on the basis of race and sex.
Director Eschbach notes the deadline to "wind down compliance" with EO 11246 affirmative action requirements was April 21, 2025. Over the next 90 days, the OFCCP is offering federal contractors the option to voluntarily disclose information about their efforts to phase out compliance with previous regulations. Per the notice,
[t]his opportunity allows the federal contractor community to share information, if they choose to, about how they have implemented EO 14173.
Federal contractors can submit a narrative, if they choose to, through OFCCP's Contractor Portal. While the "content, format, and decision to provide any information is completely up to the contractor," and OFCCP emphasizes disclosure is not mandatory, and goes on to provide guidance and considerations for those electing to supply their information.
At the time of publishing this blog post, it is not known how OFCCP intends to use federal contractors' disclosed information which makes the decision whether to provide the Agency with any information difficult. Today's letter also comes on the heels of the Department of Labor's proposed elimination of OFCCP next fiscal year.
We continue to monitor developments in this area and will update this post as we learn more.
For assistance in understanding the OFCCP's letter and its implications, contact a Jackson Lewis attorney to discuss.
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