October 19, 2026
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Category: Affirmative Action and DEI

Federal Court Declines To Block Trump Contractor DEI Order

A federal district court in Maryland has declined to block Executive Order 14398, which prohibits federal contractors from engaging in “racially discriminatory DEI activities.” The order defines those activities as “disparate treatment based on race or ethnicity” in employment, contracting, program participation, and other covered areas. The court held that under federal antidiscrimination law, “disparate treatment” means intentional discrimination. Under that...
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October 08, 2026
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Category: Affirmative Action and DEI

GAO Urges DOL To Restore Section 503 Oversight And Compliance Resources

In a report issued September 29, the Government Accountability Office provides eight recommendations that would restore key DOL Section 503 oversight tools and expand practical guidance for federal contractors. GAO suggested that the Labor Department: Resume contractor disability AAP certifications; Resume Section 503 audits; Analyze why individual complaints are closed or referred elsewhere; Align OFCCP’s workforce with its current responsibilities...
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September 22, 2026
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Category: Affirmative Action and DEI

CWC Publishes Sample Post-Offer, Pre-Employment Disability Self-ID Form

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has published CWC’s Sample Voluntary Self-Identification of Disability Form in light of the rescission of the Section 503 requirements. As of September 21, federal contractors subject to Section 503 of the Rehabilitation Act no longer have an obligation to: (1) solicit disability status from applicants or employees; (2) prepare...
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September 10, 2026
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Category: Affirmative Action and DEI

OMB Approves VEVRAA Recordkeeping And Affirmative Action Requirements Through 2029

The White House Office of Management and Budget has approved the OFCCP’s veteran affirmative action requirements and extended them for three years. The Labor Department’s written AAP requirements under Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act have a new expiration date of September 30, 2029. OMB’s approval ensures that the VEVRAA recordkeeping and reporting requirements remain in...
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September 02, 2026
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Category: Affirmative Action and DEI

CWC Roundtable Examines OFCCP’s New Regulatory Framework

The practical implications of OFCCP's new framework and the future of disability self-identification for federal contractors were the dominant topics at the members-only roundtable held by the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association. The September 1 roundtable discussed three new OFCCP actions: rescission of Executive Order 11246 rules, significant changes to the Section 503 disability affirmative action...
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August 26, 2026
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Category: Affirmative Action and DEI

OFCCP Asks OMB To Eliminate Form CC-305

The Office of Federal Contract Compliance Programs has asked the Office of Management and Budget for emergency authorization to eliminate Voluntary Self-Identification of Disability Form (Form CC-305). Federal contractors currently use Form CC-305 to invite applicants and employees to voluntarily report their disability status. OFCCP’s request follows a recent rulemaking through which it modified its regulations implementing the nondiscrimination and affirmative action...
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August 20, 2026
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Category: Affirmative Action and DEI

OFCCP Eliminates Disability Self-Identification and Analysis Requirements

The Office of Federal Contract Compliance Programs has eliminated longstanding disability compliance requirements — including self-identification, utilization analyses, and applicant tracking — for implementing the nondiscrimination and affirmative action requirements under Section 503 of the Rehabilitation Act. OFCCP’s Final Rule, which takes effect September 21, eliminates: (1) any requirement for employers to solicit disability status from job applicants or employees;...
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July 23, 2026
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Category: Affirmative Action and DEI

OMB Approves Section 503 Recordkeeping Requirements And Form CC-305

The White House Office of Management and Budget has approved the Voluntary Self-Identification of Disability Form (Form CC-305) through July 31, 2029, while OFCCP decides whether to retain disability self-identification requirements. Current DOL regulations require federal contractors to use Form CC-305 to invite applicants and employees to voluntarily report their disability status. OMB’s approval simply ensures that DOL’s recordkeeping requirements...
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May 07, 2026
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Category: Affirmative Action and DEI

How To “Flow Down” The EO 14398 Clause To Subcontractors

Federal agencies have been incorporating FAR clause 52.222-90, Addressing DEI Discrimination by Federal Contractors, into new and existing contracts valued above $15,000. Under guidance from the White House Office of Management and Budget and the Federal Acquisition Regulatory Council, agencies must make every effort to incorporate the clause by July 24. Prime contractors in turn must ensure that the clause flows down...
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May 06, 2026
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Category: Affirmative Action and DEI

FAR Council Formally Initiates Process To Mandate EO 14398 DEI Disclosures

The Federal Acquisition Regulatory Council has initiated the formal process for federal agencies to begin collecting all “books, records, and accounts” for assessing contractors’ compliance with Executive Order 14398. The new EO, Addressing DEI Discrimination by Federal Contractors, requires contractors to refrain from “racially discriminatory DEI activities” and provide the government access to the records and data needed to determine their compliance. The FAR Council...
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