On March 24, 2025, the U.S. Department of Labor announced Catherine Eschbach1 as the new director of the Office of Federal Contract Compliance Programs (OFCCP). In its announcement, Director Eschbach expressed that she is "honored" to "oversee its transition to its new scope of mission" and is "committed to carrying out President Trump's executive orders, which will restore a merit-based system to provide all workers with equal opportunity."
The director's appointment comes two months after President Trump rescinded Executive Order 11246 with Executive Order 14173, titled "Ending Illegal Discrimination and Restoring Merit-Based Opportunity," and OFCCP halted OFCCP investigative and enforcement activity under the rescinded E.O. 11246 and issued an abeyance on activity under Section 503 and VEVRAA.
While the future of OFCCP was not clear following President Trump's January executive orders and federal workforce reductions, the appointment of Director Eschbach as OFCCP's director appears to indicate that OFCCP may still seek to play a role in investigating violations and enforcing the requirements under E.O. 14173. Whether it has jurisdiction to do so following the revocation of Executive Order 11246 is another question. OFCCP's authority may be limited to referring matters to the EEOC or other federal agencies for consideration pursuant to existing memoranda of understanding between OFCCP and those other federal entities.
With regard to Section 503 and VEVRAA, OFCCP clearly retains jurisdiction to accept and process complaints and otherwise act in compliance with its statutory mandates.
As reported previously, the U.S. Court of Appeals for the Fourth Circuit in National Association of Diversity Officers in Higher Education v. Trump< a href="/redirection.asp?article_id=1603160&company_id=14816&redirectaddress=https://www.littler.com/publication-press/publication/fourth-circuit-stays-enforcement-injunction-ied-executive-orders" target="_blank">stayed enforcement of the preliminary injunction barring the Trump administration from proceeding with several elements of Trump's executive orders including some of those in E.O. 14173. The challenges have not included the revocation of E.O. 11246, which required federal contractors to maintain affirmative action plans with regard to women and minorities.
We will continue to monitor developments and report on significant changes as we learn more about OFCCP's new mission. Contractors should consult with employment counsel should they have questions about their obligations under federal and state law in light of the recent executive orders and litigation.
Footnote
1. The director is a graduate of Vanderbilt University with B.S. in Human & Organizational Development and Anthropology and a graduate from Pepperdine Carusco School of Law.Prior to her appointment, she was a judicial law clerk for Judge David Hittner, U.S. District Court for the Southern District of Texas and now-Chief Judge Jennifer Walker Elrod of the U.S. Court of Appeals for the Fifth Circuit. Immediately preceding her appointment, Director Eschbach was an attorney for six years in private practice.
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