Recently, my colleague Tracey O’Brien and I examined the implications of the federal government’s intention to shut down the Office of Federal Contract Compliance Programs (OFCCP). OFCCP has already proposed to prohibit data collection by federal contractors of disability status from employees and applicants. In a Notice of Proposed Renewal of Information Collections released by
White House Revokes EO 11246, Targets DEI Programs Alleged to Violate Anti-Discrimination Laws
President Trump recently issued an executive order revoking E.O. 11246, which had required federal contractors to implement affirmative action and non-discriminatory practices for over 60 years. The new order prohibits the Office of Federal Contract Compliance Programs (OFCCP) from enforcing diversity, equity, and inclusion (DEI) initiatives, effectively removing affirmative action requirements tied to federal contracts.
OFCCP Publishes Annual Veteran Hiring Benchmark and New Self-Identification of Disability Form
Husch Blackwell attorney Tracey O’Brien has posted about the new guidelines OFCCP released on veteran hiring benchmarks, reducing the national annual benchmark to 5.4%.
OFCCP Rescinds 2020 Final Rule Regarding Religious Exemption
Effective March 31, 2023, OFCCP rescinded the Trump administration’s Final Rule, Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption (Final Rule). The Final Rule was issued in December 2020, during the waning days of the Trump administration. While the text of OFCCP regulation, 41 C.F. R. 60-1.5(a)(5) (OFCCP religious exemption), was not changed by the Final Rule, the Final Rule did add 1) a new paragraph with definitions to terms used in the religious exemption under Executive Order 11246 (E.O. 11246), and 2) a new rule of construction applicable to the religious exemption. The recission of the Final Rule follows OFCCP’s March 1, 2023 recission of Directive 2018-03, which contained the legal interpretations and policies reflected in the Final Rule.
OFCCP Intends to Release Contractor Provided 2016-2020 EEO-1 Data Unless Contractors File FOIA Objections to Protect Confidential Information
Key Point
- Federal contractors and subcontractors who filed Type 2 EEO-1 Reports for the years 2016-2020 are advised that the Office of Federal Contract Compliance Programs (OFCCP) intends to release the data from such filed EEO-1 Reports unless they file written objections asserting Freedom of Information Act (FOIA) objections by no later than September 19, 2022.