March 13, 2025
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Category: Executive Order

CWC’s Updated Equal Opportunity “Flow-Down” Clause Guide

Following the rescission of Executive Order 11246, the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, is providing its member companies with an updated version of the equal opportunity flow-down clause that they can incorporate into subcontracts and purchase orders subject to Section 503 of the Rehabilitation Act and Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance...
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February 26, 2025
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Category: Government Contracts

CWC’s Updated Subcontractor and Vendor Notification Template

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, has updated its subcontractor and vendor notification template to assist federal contractors in complying with Section 503 and VEVRAA. This communication is mandated by OFCCP regulations implementing Section 503 of the Rehabilitation Act and Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act. CWC members may use the...
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February 25, 2025
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Category: Affirmative Action and Diversity

Trump Administration Barred from Enforcing Portions of E.O.s 14151 and 14173

A federal judge has issued a preliminary injunction barring the enforcement of specific provisions of President Trump’s executive orders targeting illegal discrimination and DEI programs—Executive Order 14151, Ending Radical Government DEI Programs and Preferencing, and E.O. 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity. However, the injunction does not change the rescission of E.O. 11246 or the order directing OFCCP to cease...
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February 20, 2025
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Category: Discrimination and Harassment

GSA Directs Removal of EO 11246 Provisions From Federal Contracts and Solicitations

The General Services Administration has published a class deviation directing the removal of provisions related to Executive Order 11246 from federal contracts. President Trump rescinded E.O. 11246 by issuing E.O. 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity. A class deviation is a change in contracting policy that can be implemented more quickly than a formal revision of acquisition regulations. The...
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February 18, 2025
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Category: Government Contracts

Defense Department To Stop Using Project Labor Agreements on Large Construction Projects

The Defense Department has published a class deviation directing the agency’s contracting officers to cease using project labor agreements (PLAs) on large construction projects, a signal that the Trump Administration may be considering reversing this Biden-era priority. PLAs are essentially pre-hire agreements that mandate the use of union labor. The use of PLAs has long been contentious, with Democratic administrations...
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February 11, 2025
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Category: Executive Order

Fifth Circuit Rules Biden’s Federal Contractor Minimum Wage Increase Lawful

A federal appeals court has upheld former President Biden’s Executive Order 14026 establishing a $15.00 federal contractor hourly minimum wage and indexing it to inflation. In Texas v. Trump, the U.S. Court of Appeals for the Fifth Circuit found the increase to be within the President’s authority under the Procurement Act. The Fifth Circuit concluded that raising the minimum wage to...
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February 05, 2025
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Category: Discrimination and Harassment

CWC Holds Member Roundtable To Discuss Rescission of E.O. 11246

CWC held a members-only roundtable January 29 to discuss Executive Order 14173, which rescinded long-standing Executive Order 11246. President Trump issued E.O. 14173, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” on January 21. It rescinds E.O. 11246 and requires federal contractors to certify that they are not operating any programs promoting diversity, equity, and inclusion that violate federal anti-discrimination laws. During...
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January 23, 2025
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Category: Affirmative Action and Diversity

President Trump Rescinds E.O. 11246

President Trump has issued a new Executive Order formally rescinding Executive Order 11246 and directing the Office of Federal Contract Compliance Programs (OFCCP) to cease holding federal contractors responsible for taking affirmative action. Executive Order 11246 was signed by President Johnson in 1965, and prohibits covered federal contractors from discriminating in employment on the basis of race and sex, among...
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January 14, 2025
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Category: Compensation

Biden Administration Withdraws Proposed Federal Contractor Pay Transparency Rule

The Biden Administration has withdrawn its proposed federal contractor pay transparency regulations. The regulations would have prohibited federal contractors from considering job applicants’ compensation history and would have required contractors to disclose the compensation for work on federal contracts in their job advertisements. The Biden Administration has also withdrawn the government-wide procurement policy, adopted in response to Executive Order 14069, on which the...
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December 19, 2024
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Category: Agency Enforcement

OFCCP Audits, Financial Remedies Decreased in FY 2024

OFCCP had a slow year in FY 2024, awarding less money in discrimination cases to fewer class members and completing fewer audits than at any time in recent memory, according to enforcement data released by the agency. The data, which cover the period from October 1, 2023, to September 30, 2024, show that OFCCP completed 14% fewer supply-and-service (non-construction) audits...
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