Kenneth J. Wolfe is the new director of the Office of Federal Contract Compliance Programs (OFCCP), according to the agency’s website. He assumes the role after Director Ashley Romanias recently stepped down.

Director Wolfe also serves as the director of the Center for Faith at the U.S. Department of Labor, where he leads initiatives to promote religious freedom in the workplace and expand opportunities for faith organizations to participate in the grant process.

Director Wolfe has worked in public service for much of his career. He spent 23 years at the U.S. Department of Health and Human Services, serving as spokesperson for the Administration for Children and Families and managing public affairs for the human services side of the agency. Director Wolfe has also written editorials in his personal capacity and has prior experience as a news radio anchor and congressional staffer.

This is a developing story, and attorneys at Jackson Lewis P.C. will continue to monitor the situation as more information becomes available.

If you have questions about recent developments at the OFCCP, contact a Jackson Lewis attorney.

Federal contractors have new insight into how the government may implement and enforce Executive Order (EO) 14398, which aims to prevent federal contractors and subcontractors from engaging in discriminatory diversity, equity and inclusion (DEI) activities related to race and ethnicity. Recent Federal Acquisition Regulatory (FAR) Council guidance and its request for emergency approval for a new information collection form shed more light on what contractors may expect.

FAR 52.222-90 and FAR Council Guidance

EO 14398 directed the FAR Council to issue a deviation and interim guidance on how to implement the contract clause outlined in the EO. In its April 17, 2026, memorandum, the FAR Council provided guidance to contracting agencies on the implementation of Federal Acquisition Regulation Clause 52.222-90 (FAR 52.222-90), which closely follows the EO.

FAR 52.222-90 requires federal contractors to certify they will not engage in any racially discriminatory DEI activities, defined as “disparate treatment based on race or ethnicity” in recruitment, employment, contracting, program participation, or allocation or deployment of resources. The requirements also flow down to covered subcontracts. Contractors must report subcontractor violations and notify the contracting officer if litigation with a subcontractor puts the clause’s validity at issue.

The FAR Council’s recent memorandum instructs agencies to update their class deviations, start using FAR 52.222-90 in covered solicitations and contracts beginning April 24, 2026, and make every effort to bilaterally modify covered existing contracts to include the clause by July 24, 2026. Contracting officers have discretion to modify contracts with final expiration dates no later than December 31, 2026.

There is also new information about which contracts are covered by FAR 52.222-90, with the guidance indicating it applies to solicitations and contracts above the micro-purchase threshold, currently $15,000, including those for commercial products and commercial services, except where the place of delivery or performance is outside the United States.

Emergency Information Collection Request

At nearly the same time as issuing guidance, the FAR Council requested emergency Office of Management and Budget (OMB) approval under the Paperwork Reduction Act for a new information collection request (ICR) tied to implementing FAR 52.222-90.

In the FAR Council’s supporting ICR statement, it explains that, as required by EO 14398, the collection would allow contracting officers to require contractors to furnish information and reports, including access to books, records, and accounts, for purposes of assessing compliance with the clause. The supporting materials estimate over 6,000 contractors may be subject to requests to furnish information and records pursuant to a contracting agency’s request and contractors will spend approximately one hour responding to the principal information request.

Next Steps

While there continue to be unknowns with how EO 14398 will be enforced, these materials give contractors a better sense of both the proposed contract requirements and potential compliance audits by contracting agencies. Additional guidance or rulemaking may answer questions that the FAR Council’s current direction leaves open. Attorneys at Jackson Lewis P.C. continue to monitor the situation as it develops.

If you have questions about how EO 14398 could affect your organization, contact a Jackson Lewis attorney.

We are excited to share an important update with our readers. The Affirmative Action Law Advisor is evolving — and with that evolution comes a new name: the GovCon Employment Exchange.

First and foremost, thank you. Your continued readership and engagement have made this blog a trusted resource for developments in affirmative action and OFCCP compliance. We appreciate the opportunity to keep you informed and connected in a rapidly changing legal landscape.

As part of this transition, all current subscribers will be automatically subscribed to the GovCon Employment Exchange, so you won’t miss a beat.

This change coincides with the launch of Jackson Lewis P.C.’s new Government Contracts and Compliance Practice Group, reflecting a broader commitment to serving federal contractors and subcontractors. While we will continue to provide in-depth coverage of affirmative action programs (AAPs) and OFCCP-related developments, the blog’s scope will expand to address the full spectrum of workplace law issues impacting the government contracting community.

In short, you can expect the same trusted insights — now with a wider lens.

We look forward to continuing this journey with you under our new name.

The U.S. Department of Labor (DOL) launched a new open data portal to enhance agency alignment and public access to workforce information collected and maintained by DOL agencies. The portal includes over 40 categories of data from agencies such as OSHA, MSHA and the Wage and Hour Division.

Federal contractors should be aware the portal includes company-specific data from VETS-4212 Reports previously filed with the Veterans’ Employment and Training Service (VETS).

Under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA), covered federal contractors and subcontractors are required to annually report, via VETS-4212 Reports, information about the total number of employees and new hires by location, along with information about how many employees and new hires self-identified as protected veterans by location.

In a Feb. 18, 2026, announcement, the Office of the Assistant Secretary for Administration & Management (OASAM) explained the portal was developed in connection with the OPEN Government Data Act of 2019 and the Federal Data Strategy. The portal replaces the DOL’s prior enforcement data page, which was decommissioned on Feb. 23, 2026. OASAM noted the database will be updated weekly and, in the future, the agency plans to enhance data searchability, expand datasets and add other user tools.

If you have questions about the DOL’s new open data portal or VETS-4212 Report information, contact an attorney at Jackson Lewis P.C.

On February 9, 2026, the U.S. District Court for the Northern District of California approved the parties’ stipulation in Center for Investigative Reporting v. U.S. Dep’t of Labor and lifted the temporary stay that had paused disclosure of federal contractors’ EEO-1 reports.  With the stay lifted, the U.S. Department of Labor (DOL) can begin releasing EEO-1 workforce demographic data in response to the Freedom of Information Act (FOIA) requests that are the subject of this case, consistent with the Ninth Circuit Court of Appeals’ ruling.

Disclosure Timeline

Under the stipulated schedule, the DOL will move forward with a staged disclosure that will affect both bellwether and non-bellwether federal contractors:

  • February 11, 2026: the DOL will release EEO-1 report data for bellwether objectors;
  • February 11, 2026: the DOL is also expected to provide notice to non-bellwether contractors of the agency’s intent to release their EEO-1 report data; and
  • February 25, 2026: the DOL is set to release EEO-1 report data of non-bellwether contractors.

Notices

OFCCP began sending notices to non-bellwether contractors on February 11th.  The notices provided a history of the litigation and stated, pursuant to the court’s order, the EEO-1 reports for objecting contractors will be released February 25, 2026.  The notice gave no instruction or indication of an opportunity to object or confirmation of the method of publication.

Remaining Case Issues

Although disclosure is moving forward, two issues are pending before the district court: whether EEO-1 reports for hundreds of entities considered not to be federal contractors during the relevant period were properly withheld, and attorneys’ fees and costs. The district court also granted the parties’ request to continue the case management conference until March 12, 2026, which may allow more time to resolve these remaining disputes.

If you have questions about the impending release of EEO-1 data or potential objections, contact a Jackson Lewis attorney to discuss your organization’s situation.

On February 5, 2026, the parties in Center for Investigative Reporting v. U.S. Dep’t of Labor filed a stipulated request in the U.S. District Court for the Northern District of California to lift the temporary stay that has paused the disclosure of federal contractors’ EEO-1 reports at the center of this case.

Case Background

In 2025, the U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s order that required the U.S. Department of Labor (DOL) to release EEO-1 report data the agency had withheld in response to Freedom of Information Act (FOIA) requests. The Ninth Circuit held that EEO-1 workforce demographic data is not “commercial” information protected by FOIA Exemption 4 and must be disclosed. The decision became final after the federal government declined to seek rehearing. While the Ninth Circuit’s decision resolved a significant legal question about the scope of FOIA Exemption 4, the case had not concluded, with additional issues remaining before the district court.

Stipulated Request

The parties’ joint proposal indicates that the implementation of the Ninth Circuit’s FOIA ruling is now proceeding, with the federal government preparing to release both bellwether and non-bellwether EEO-1 data on a set timeline. The parties request that the district court lift the temporary stay on disclosure effective February 9, 2026, clearing the way for the DOL to begin releasing EEO-1 workforce demographic data that it withheld.

If the court approves the stipulation, the DOL would follow a defined disclosure schedule:

  • February 11, 2026: the DOL would release the EEO-1 report data of bellwether objectors and provide notice to non-bellwether contractors of the agency’s intent to release their EEO-1 report data.
  • February 25, 2026: the DOL would release EEO-1 report data of non-bellwether contractors.

Remaining Issues for the District Court

Despite the forthcoming disclosure, the litigation is not fully resolved. Two issues remain pending: (1) whether EEO-1 reports for 621 entities deemed not to be federal contractors during the relevant period were properly withheld, and (2) attorneys’ fees and costs, including fees incurred on appeal.

The parties also request that the case management conference be continued from February 12 to March 12, 2026, due to counsel’s schedule and to allow additional time for the parties to continue to meet and confer in an effort to resolve the remaining disputes without further court involvement.

Next Steps

If the court approves the stipulated request, bellwether contractors should expect public disclosure of their EEO-1 report data as early as mid-February. For non-bellwether contractors, the notice window would be brief, with two weeks’ notice before their EEO-1 data is released.

If you have questions about the release of EEO-1 data or how these developments could impact your organization, contact a Jackson Lewis attorney.

The U.S. Court of Appeals for the Ninth Circuit case involving EEO-1 reports and the Freedom of Information Act (FOIA) has taken another procedural turn. The court’s July 2025 decision in Center for Investigative Reporting v. U.S. Dep’t of Labor upheld the U.S. District Court for the Northern District of California’s finding that workforce composition data in federal contractors’ EEO-1 reports was not protected commercial information under FOIA’s Exemption 4 and as a result, OFCCP improperly withheld release of the reports. After a lengthy delay, the federal government declined to file for reconsideration and the Ninth Circuit’s decision became final December 29, 2025.

According to the parties’ November 19, 2025, joint status report filed in the U.S. District Court for the Northern District of California, both sides agree there are other unresolved issues still pending before the District Court and litigation is not yet complete. As the previous judge retired at the end of last year, the case was reassigned to a new judge. A status conference is set for February 16, 2026, before the new judge.

While the Ninth Circuit’s decision resolved a significant legal question in the Ninth Circuit about FOIA’s Exemption 4, the case itself has not fully concluded and the ultimate impact of the outcome of this matter is yet to be known.

Jackson Lewis attorneys will continue to monitor the situation for updates. If you have questions about this case or what these developments may mean for your organization, contact a Jackson Lewis attorney to discuss.

As the February 2, 2026, pay data reporting deadline draws near, Massachusetts employers with 100 or more employees should take proactive steps to comply with their obligations. Employers should ensure that wage data reports are accurate, complete, and filed on time. Read more about these reporting requirements, timelines, and key compliance considerations.

As of October 1, 2025, the jurisdictional thresholds for two key regulations impacting federal contractors—the Rehabilitation Act (Section 503) and the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)—have increased. These changes stem from an inflationary adjustment statute that authorizes the Federal Acquisition Regulatory Council to review and update acquisition-related thresholds in statutes governing federal procurement.

What Changed?

  • Section 503 of the Rehabilitation Act
    • Coverage threshold increased from $15,000 to $20,000.
  • VEVRAA
    • Coverage threshold increased from $150,000 to $200,000.

Impact on Affirmative Action Program (AAP) Requirements

  • For VEVRAA, AAP requirements now apply to contractors and subcontractors with:
    • At least 50 employees, and
    • A single contract of $200,000 or more.
  • For Section 503, AAP requirements continue to apply to contractors and subcontractors with:
    • At least 50 employees, and
    • A single contract of $50,000 or more.

To help employers and stakeholders navigate these changes, the Office of Federal Contract Compliance Programs (OFCCP) has:

We are still awaiting updates from the agency on the proposed changes to the Veterans and Disability implementing regulations.

For any questions regarding these or other federal contractor obligations please contact the Jackson Lewis attorney with whom you work.

It is being reported that Ashley Romanias has assumed leadership of the Office of Federal Contract Compliance Programs (OFCCP), as Catherine Eschbach steps into a new role as Principal Deputy General Counsel at the Equal Employment Opportunity Commission (EEOC).

At the time of this post, the U.S. Department of Labor (DOL) has not yet issued a formal public announcement of Director Eschbach’s departure or the appointment of a new director.  Romanias most recently served as a Senior Policy Advisor with the DOL.

We are closely monitoring this developing situation and will provide updates as they become available.

For questions about the changing OFCCP landscape, contact a Jackson Lewis attorney to discuss.