On June 27, 2025, the Office of Federal Contract Compliance Programs (OFCCP) issued a letter to federal contractors inviting them to voluntarily submit information about their efforts to "wind down" affirmative action programs and compliance-related obligations under now-rescinded Executive Order (EO) 11246. Contractors have a ninety-day window from the date of the letter to voluntarily submit information through the OFCCP Contractor Portal.
Quick Hits
- On June 27, 2025, OFCCP invited federal contractors to voluntarily submit information about their efforts to wind down affirmative action programs following the revocation of EO 11246 by EO 14173.
- OFCCP's letter emphasizes that providing information is voluntary and allows contractors to demonstrate alignment with the administration's focus on merit-based employment and nondiscrimination principles.
- Contractors may want to carefully assess all available information before electing to participate in this voluntary OFCCP initiative.
As background, EO 14173, issued on January 21, 2025, revoked EO 11246 and its implementing regulations, which previously required federal contractors to maintain affirmative action programs and related data collection, placement goals, and analysis obligations. EO 14173 provided contractors a ninety-day window, which expired on April 21, 2025, to wind down compliance with the rescinded requirements. OFCCP stated that it is now soliciting voluntary narrative submissions describing the actions that contractors have taken to end practices the agency asserts could constitute unlawful discrimination.
The letter emphasizes that providing this information is voluntary and at the discretion of each contractor, specifically noting that the "content, format, and decision to provide any information is completely up to the contractor." OFCCP frames this as an opportunity for contractors to demonstrate alignment with the current administration's emphasis on merit-based employment practices and nondiscrimination principles after the issuance of EO 14173.
Given the significant changes under EO 14173, as well as the administration's recent enforcement priorities and focus on entities receiving federal funds, federal contractors may wish to carefully assess the considerations associated with OFCCP's voluntary request.
Ogletree Deakins' Government Contracting & Reporting Practice Group and Workforce Analytics and Compliance Practice Group will continue to monitor developments and will provide updates on the Government Contracting and Reporting and Workforce Analytics and Compliance blogs as additional information becomes available.
This article and more information on how the Trump administration's actions impact employers can be found on Ogletree Deakins' New Administration Resource Hub.
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