DOL’s first step in the dismantling of EO 11246.
As we previously reported, President Trump has rescinded Executive Order 11246, which required federal contractors to comply with a vast regulatory scheme relating to equal employment opportunity.
The U.S. Department of Labor responded on Friday by issuing Secretary’s Order 03-2025. Vincent Micone, Acting Secretary of Labor, notes that the DOL no longer has authority under Executive Order 11246 and directs all DOL employees, including those at the Office of Federal Contract Compliance Programs, the Office of Administrative Law Judges, and the Administrative Review Board, to do the following:
- Terminate all investigative and enforcement activity under the rescinded EO 11246 and the regulations promulgated under it. This includes all pending cases, conciliation agreements, investigations, complaints, and other enforcement-related or investigative activity.
- By January 31, notify all regulated parties with open reviews or investigations that the EO 11246 component of the review or investigation has been closed and that the components of the review or investigation that are subject to Section 503 of the Rehabilitation Act and Vietnam Era Veterans Readjustment Assistance Act are on hold pending further guidance.
Based on this directive, contractors with pending compliance evaluations or complaint investigations should expect to receive their notifications this week.
For contractors with conciliation agreements for alleged violations of Executive Order 11246 that require reporting to the OFCCP, they should receive notification that their reporting obligations are over.
It is interesting that the Acting Secretary’s directive stalls all pending OFCCP compliance evaluations relating to Section 503 and VEVRAA, neither of which was affected by President Trump’s Executive Order. We will keep you informed about further developments in this area.
Don't miss our webinar! Trump rescinded Executive Order 11246: What’s next for contractors?
The rescission of Executive Order 11246 and President Trump’s directive relating to future government contracts raises many questions for contractors. Join us for a webinar on February 13 to unpack the various implications and strategy options for contractors. We will discuss the following:
- The specifics of President Trump’s Executive Order 14171, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, including future compliance obligations for contractors.
- Actions that the OFCCP must take to comply with the Trump EO and immediate effects on contractors.
- Updates from the DOL and the OFCCP.
- Compliance obligations (if any) related to Section 503 of the Rehabilitation Act and the Vietnam Era Veterans’ Readjustment Assistance Act.
- The items that contractors can remove from their compliance schemes.
- Voluntary measures that contractors can continue to take in analyzing their workforces and employment practices.
For more information and to register, please visit our webpage.
PartnerCara co-chairs Constangy’s practice groups relating to EEO/Contractor Compliance, Reporting & Analytics, and DEI Compliance. She advises employers on proactive strategies to help avoid litigation and has defended employers ...
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