Compliance Stuff

On January 21, 2025, President Donald Trump issued Executive Order (E.O.) 14173, "Ending Illegal Discrimination and Restoring Merit-Based Opportunity," which revoked E.O. 11246.  E.O. 14173 ordered that the Office of Federal Contract Compliance Programs (OFCCP) immediately cease holding federal contractors responsible for taking affirmative action or allowing workforce balancing on certain bases.  Federal contractors were in turn told to wind down compliance with E.O. 11246’s regulatory scheme by April 21, 2025. In response to E.O. 14173, on January 24, 2025, then-Acting Secretary Vincent Micone issued Secretary’s Order 03-2025, which ordered that OFCCP cease and desist all investigative and enforcement activity under E.O. 11246.  Order 03-2025 also placed OFCCP’s activity related to Section 503 of the Rehabilitation Act, 29 U.S.C. 793 (Section 503), and the Vietnam Era Veterans' Readjustment Assistance Act, 38 U.S.C. 4212 (VEVRAA), in abeyance (temporary suspension) pe...

Federal contractors should stay tuned as the Trump administration continues to make big changes impacting contract compliance. Just today, the O ffice of Federal Contract Compliance Programs (OFCCP) published proposed rules to align the agency’s regulations with President Trump’s directive revoking certain affirmative action programs. The new rules – which are just proposals at this point with no effective date – would officially rescind the agency’s prior regulations on race- and gender-based affirmative action plans and update those related to veterans and individuals with disabilities. Last week, the OFCCP asked federal contractors to voluntarily share how they are winding down affirmative action plans, and now the agency is taking its own steps to cement changes . Here are the key takeaways for contractors as you adapt to the federal government’s new direction. 3 New Proposals Impacting Federal Contractors The OFCCP just published three proposed rules in the Federal Register on Jul...

The Trump administration has decisively shifted its approach to enforcing employment discrimination laws, leaving employers grappling for clarity and stability to inform their efforts to prevent and manage legal risks stemming from harassment and discrimination . Workforce analytics, accompanied by privileged legal advice tethered to risk tolerance, can assist employers to identify and address potential workplace discrimination issues minimizing legal risk amid the administration’s shifting enforcement priorities. Quick Hits The Trump administration has sought to end both f ederal enforcement of antidiscrimination laws based on disparate impact theories and to eliminate employer DEI programs. Even with these shifting priorities, it remains critically important for employers to collect and study applicant and employee demographic data to maintain compliance with equal opportunity and antidiscrimination laws, as well as to be prepared for scrutiny under the Trump administration’s shifti...

Window closes June 24 – and don’t expect an extension.   The Equal Employment Opportunity Commission  announced  the opening of the 2024 EEO-1 Component 1 data collection. Covered employers have until June 24, 2025, to submit their EEO-1 Reports. The announcement from the EEOC includes a message from Acting Chair Andrea Lucas. In addition to reminding employers of the general prohibition against discrimination based on protected characteristics, Ms. Lucas notes that President Trump’s Executive Order titled “ Restoring Equality of Opportunity and Meritocracy ” deprioritizes the EEOC’s enforcement of cases involving disparate impact discrimination. The disparate impact theory, which is codified in Title VII and other anti-discrimination statutes, provides that facially neutral policies can be discriminatory if they disproportionately affect individuals of a certain race or sex.  Instead, Ms. Lucas announced that under her leadership, the EEOC will “prioritize reme...

And eight FAQs about preparing your data.   According to  documents recently filed  with the Office of Management and Budget, the Equal Employment Opportunity Commission is moving forward with the collection of 2024 employment data. The tentative filing period for 2024 EEO-1 Reports will begin on  May 20  and close at 11 p.m. Eastern on  June 24 . The EEOC notes in the proposed  Instruction Booklet  for 2024 that the final dates will be posted on its website. Employers “are strongly advised” to check  the site  for updates regarding the filing cycle as well as the data collection itself. Not surprisingly, the EEOC is requesting the OMB to approve a “non-substantive” change to the filing process to comply with Executive Order 14168,  Defending Women From Gender Ideology Extremism and Restoring Biological Trust to the Federal Government . This Executive Order requires that any federal form seeking an individual’s sex will not req...

On April 15 th , 2025 , the  Equal Employment Opportunity Commission  (EEOC) submitted its proposed  2024 EEO-1 instruction booklet   via an  Information Collection Review  submitted to the Office of Information and Regulatory Affairs within the Office of Management and Budget.  If approved, organizations with 100 or more employees can begin filing their EEO-1 reports on May 20, 2025 . Reports must be filed on or before June 24, 2025. Changes in Requirements for Federal Contractors with Less Than 100 Employees As previously mentioned,  private  employers with 100 or more employees are required to file EEO-1 reports annually . Under Executive Order 11246, federal contractors with 50 or more employees were required to file the report, as well . However, the  rescission of Executive Order 11246  has  likely  removed this requirement, eliminating the need for federal contractors with less than 100 employees to submit EEO-1 re...

  The whirlwind first few weeks of the second Trump administration have left private employers with concerns and questions related to Diversity, Equity, and Inclusion (DEI) programs . In order to dispel myths and provide practical answers about your legal risks, FP’s DEI and Equal Employment Opportunity Compliance Team has assembled the following series of questions and answers. TABLE OF CONTENTS General Update on DEI Development Under Trump Legal Risks and Compliance Strategies Looking to the Near Future Federal Contractor Considerations General Update on DEI Development Under Trump How has the federal stance on DEI changed under the Trump administration? The new Trump administration has taken aim at DEI initiatives within both the federal government and the private sector and took a series of dramatic steps related to DEI programs in the first weeks after assuming office. Here are a few key examples: Trump issued an executive order directing federal agencies to combat “illegal” ...