OFCCP has published proposed modifications to the VEVRAA and Section 503 regulations which govern federal contractor affirmative action obligations for veterans and individuals with disabilities.
The proposed changes to the veterans' regulations are largely procedural – removing references to Executive Order 11246 and its implementing regulations – resulting in the veterans' regulations being wholly self-contained and not reliant on incorporation of the inoperable 11246 regulations. As a note, the Agency has also simultaneously proposed to formally rescind the Executive Order 11246 regulations in an effort to address any confusion as to their status following President Trump's revocation of Executive Order 11246 in January 2025.
Conversely, while including the same Executive Order 11246 modifications, OFCCP proposes additional modifications to the Section 503 regulations which are more material – proposing to eliminate self-identification data collection and utilization analyzes for individuals with disabilities. The proposal does not suggest removing contractors' obligations to assess the effectiveness of their outreach efforts, however.
To be clear, the obligation to prepare affirmative action plans under both VEVRAA and Section 503 remain intact under OFCCP's proposals.
The proposed rules are now open for a 60-day public comment period.
We continue to digest the changes and will be back with more insights as they develop.
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