OFCCP backs down on E.O. 13950

In response to the nationwide injunction issued December 22.

As previously reported, a federal judge in California handed down a nationwide preliminary injunction that prohibits enforcement of Executive Order 13950 with respect to federal contractors. The Office of Federal Contract Compliance Programs has posted a Notice explaining the effect of the court order.

The Notice outlines the following actions (or inactions) that the OFCCP has undertaken to comply with the injunction. The OFCCP states that it will

  • Stop accepting hotline complaints regarding non-compliance with Executive Order 13950.
  • Stop investigating alleged non-compliance with Executive Order 13950 and hold in abeyance any complaints already received.
  • Refrain from taking enforcement action for non-compliance with Executive Order 13950.
  • Stop publishing further Requests for Information seeking information or materials regarding diversity training provided to contractors’ employees.
  • Refrain from enforcing Executive Order 13950 to the extent it has already been included in government contracts or subcontracts.
  • Stop requiring contractors to provide notice of Executive Order 13950 to labor unions or employee representatives.
  • Stop requiring contractors to include Section 4 of Executive Order 13950 in subcontracts and purchase orders.

The Notice confirms that the OFCCP will comply with the preliminary injunction and will not be enforcing any aspect of Executive Order 13950 at this time. Given the probability that President-elect Biden will rescind this Executive Order altogether in early 2021, this is one issue that contractors can probably cross off their “to do” lists (at least for now).

Our Affirmative Action Alert blog focuses on the latest news and topics affecting federal contractors and subcontractors and their compliance with affirmative action and other employment-related laws and regulations.  With breaking news, quick updates, and headlines on the Office of Federal Contract Compliance Programs and affirmative action issues, this blog is a great resource for in-house counsel, HR managers, and other compliance professionals.  Our blog is a companion to Constangy’s Affirmative Action newsletters, which address significant legislative, regulatory, and administrative proposals and changes.  Subscribe to both to stay current on these important topics!

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