The White House Office of Management and Budget is reviewing a proposed rule that would rescind the OFCCP regulations implementing Executive Order 11246. Issued in 1965, E.O. 11246, as amended, prohibited federal contractors from discriminating in employment on the basis of race and sex, among other characteristics, and required contractors to take affirmative action to prevent such discrimination. President Trump revoked E.O. 11246 on January 21.
While the rescission of OFCCP’s E.O. 11246 regulations may seem like a formality, in practice the regulations served as the basis for numerous recordkeeping and reporting requirements that overlap with compliance obligations arising under Section 503 of the Rehabilitation Act (Section 503) and Section 4212 of the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA). We do not yet have the text of the proposed rule, so we won’t know which provisions are being rescinded in whole or in part until the proposal is published — which could happen in a matter of days, but more likely weeks or months.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.