On April 15, 2025, in response to Executive Order 14168, Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, the EEOC filed an Information Collection Request (ICR) with OMB requesting what it classified as a non-substantive change to remove the option for employers to voluntarily report non-binary data for those in their workforce. 

In past years, the EEO-1 reporting instructions allowed respondents to provide non-binary data in a narrative form in the comment box of the report.  EEOC believes this voluntary option must be removed to comply with Executive Order 14168.

The data collection for 2024 has not yet opened but the proposed instruction booklet filed with the ICR indicates reporting would open May 20, 2025, with a reporting deadline of June 22, 2025.  The ICR is not seeking any changes beyond the current data collection approval period which runs through 2026.

We will continue to monitor and report additional updates as more information becomes available.

Ten former Department of Labor Officials, including former EEOC Commissioner and past OFCCP Director Jenny Yang, sent an open letter to federal contractors responding to President Trump’s issuance of Executive Order 14173 and newly appointed OFCCP Director Catherine Eschbach’s recent statements about OFCCP.

The letter is aimed to

“help federal contractors and other employers navigate this complex environment, providing clarity about their options and obligations under the law.”

The 14-page letter details how the current administration’s actions are in contravention of established law, explains compliance with Executive Order 11246 did not require the unlawful use of preferences or quotas, and describes how continued proactive practices, including self-assessments and data analysis to remove discriminatory barriers remain lawful and are essential to prevent discrimination.

The letter concludes reiterating that “America’s enduring promise is that talent and effort – not background or origin – should determine one’s path” and encourages the federal contracting community to “stand firm in your commitments to lawful diversity, equity, inclusion, and accessibility practices that promote civil rights compliance, true merit, and a strong economy.”

The Wall Street Journal is reporting newly appointed OFCCP Director Catherine Eschbach announced to OFCCP staff that the Agency will review federal contractor affirmative action plans previously submitted to the Agency for evidence of discriminatory employment practices. The report quotes Director Eschbach’s email to staffers in which she states

…most of what OFCCP had been doing was out of step, if not flat out contradictory, to our country’s laws, and all reform options are on the table.”

It is unclear at this time what form these reviews will take or which contractors may be under review.

Importantly, the plans under review were submitted to OFCCP under the prior Executive Order 11246 and before the current administration’s recent issuance of Executive Order 14173, revoking EO11246.

This is a developing story so stay turned for further details.

The U.S. Department of Labor has announced that Catherine Eschbach will be the new Director of OFCCP, taking over for Acting Director Michael Schloss.

Director Eschbach comes from private practice as an Appellate attorney at Morgan Lewis, representing clients in complex matters.  Prior to private practice, Director Eschbach clerked for Judge Jennifer Walker Elrod of the US Court of Appeals for the Fifth Circuit and Judge David Hittner of the US District Court for the Southern District of Texas. 

While it is too early to determine what Director Eschbach’s appointment means for the OFCCP’s future, she is coming into an Agency that is looking for direction.

We look forward to working with Director Eschbach and welcome her to the Agency.

This continues to be a developing story so stay tuned for updates.

President Trump has revoked President Biden’s EO that increased the minimum wage for federal contractor employees. This action is part of a broader effort by Trump to reverse several of Biden’s executive orders, marking a significant shift in federal policy. (Refer to EO “Additional Rescissions of Harmful Executive Orders and Actions.”) Read more.

OFCCP’s website reflects Michael Schloss has been appointed to the Deputy Director for Policy Role within the Agency. Michele Hodge, former Acting Director is listed as Deputy Director while the Director role remains vacant. The Deputy Director for Policy would traditionally act in an Acting Director role in this type of situation. As such, the National Office Directory for OFCCP reflects Schloss will hold both positions. OFCCP has made no official announcement regarding the appointments.

Schloss’s appointment adds to the questions and uncertainty swirling around OFCCP’s current and future state as contractors await notices of audit closures and further direction regarding remaining VEVRAA and Section 503 obligations.

This continues to be a developing story so stay tuned for updates.

In response to President Trump revoking Executive Order 11246, Acting U.S. Department of Labor (DOL) Secretary Vincent Micone issued an Order on January 24th, instructing DOL employees including OFCCP to stop all enforcement activity under the rescinded Executive Order 11246. Specifically, the order instructs OFCCP to

Cease and desist all investigative and enforcement activity under the rescinded Executive Order 11246 and the regulations promulgated under it. This includes all pending cases, conciliation agreements, investigations, complaints, and any other enforcement-related or investigative activity.

Notify all regulated parties with impacted open reviews or investigations by January 31, 2025, that the EO 11246 component of the review or investigation has been closed and the Section 503 and VEVRAA components of the review or investigation are being held in abeyance pending further guidance.

As indicated in the Order, by January 31st federal contractors with open audits or investigations pursuant to EO 11246 should receive communication from OFCCP that their reviews are closed. 

Additionally, given Section 503 (Individuals with a Disability) and VEVRAA (Protected Veterans) reviews are on hold until OFCCP and contractors receive further guidance, contractors presumably are under no obligation to submit VEVERAA and Section 503 related materials to OFCCP in connection with any open reviews.

We will continue to monitor developments. Please reach out to your Jackson Lewis attorney if you have questions about federal contractor compliance during this transition period.

Late in the day on January 23, 2025, the Office of Federal Compliance Programs (OFCCP) sent out its first official agency communication since President Trump’s historic Executive Order “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” revoked Executive Order 11246 (Equal Employment Opportunity).

In an email to stakeholders, OFCCP acknowledged the revocation of EO 11246, noting contractors may continue to comply with the regulatory scheme in place prior to the signing of the EO for 90 days. The message also reiterated the order from the White House that the Agency

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.

The communication confirmed, as has been reported, that 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, which are statutory, “remain in effect,” noting both statutes are “enforced by OFCCP.”

While the government contractor community is anxiously awaiting further details on the implications of the executive order on their current and future obligations, OFCCP’s notice provided only a simple statement that

Additional information regarding OFCCP’s current activities will be forthcoming in the upcoming weeks.

The communication directed questions to be submitted to the OFCCP Customer Service Helpdesk.

We will report on any further developments and information as it become available.

President Donald Trump issued an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (EO). Its stated purpose is to end illegal diversity, equity, and inclusion and diversity, equity, inclusion, and accessibility (together, DEI). The EO does not change existing law, but it signals the Administration’s focus on targeting organizations that violate existing anti-discrimination laws in their employment practices. Read more.

Bloomberg Law reported late Tuesday night that President Donald Trump has revoked Executive Order 11246 as part of a broader executive order addressing diversity, equity and inclusion programs in the federal government and for private employers generally.

This is a breaking news story. We will follow up as soon as the White House publishes the text of the executive order.