With President Trump’s second administration set to begin on January 20, 2025, federal contractors and subcontractors are anxiously awaiting what he might do with respect to the Office of Federal Contract Compliance Programs (“OFCCP”) and the employment obligations imposed on federal government contractors. While the Trump transition team has not
OFCCP Issues Its 2024 Audit List – Was Your Company On It?
On June 7, 2024, OFCCP released its latest Corporate Scheduling Announcement List (CSAL). The list identifies 500 supply and service contractors and subcontractors selected for a Compliance Review (Establishment Review), Corporate Management Compliance Evaluation, Functional Affirmative Action Program Review, or University Review. Note that the list merely notifies contractors that…
Biden Administration Proposes New Pay Inquiry and Transparency Requirements For Contractors
On January 29, 2024, the 15th anniversary of the enactment of the Lilly Ledbetter Fair Pay Act, the Biden Administration announced that it would be taking new actions to implement the Executive Order on Advancing Economy, Efficiency, and Effectiveness in Federal Contracting by Promoting Pay Equity and Transparency issued…
Trump Administration Proposes Closing OFCCP
The Trump Administration has announced plans to “eliminate” the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”), the agency currently responsible for enforcing affirmative action and anti-discrimination protections for veterans and workers with disabilities among federal contractors. Under the Trump Administration’s fiscal year 2026 budget proposal, the…
EEOC Opens EEO-1 Data Collection Portal With Reporting Changes
The Equal Employment Opportunity Commission (“EEOC”) has opened the 2024 EEO-1 data-collection cycle and set Tuesday, June 24, 2025, as the filing deadline for submissions. According to the EEOC, this year’s reporting window is shorter than in prior cycles as part of its “efforts to identify continued cost savings for…
EEOC Seeks Elimination of Voluntary Reporting Non-Binary Data in EEO-1
On April 15, 2025, the Equal Employment Opportunity Commission (“EEOC”) submitted a “non-substantive” Information Collection Request (“ICR”) to the Office of Management and Budget (“OMB”) for approval ahead of its 2024 data collection. Among the requested changes, the EEOC seeks OMB approval for the elimination of the option allowing employers…
Department of Labor Announces Appointment of New OFCCP Director
On March 24, 2025, the Department of Labor announced the appointment of Catherine Eschbach as Director of OFCCP. Direct Eschbach joins the agency after serving as an appellate lawyer in private practice.
Director Eschbach intends to “oversee [OFCCP’s] transition to its new scope of mission[.]” Notably, in the announcement Director…
Fourth Circuit Temporarily Allows DEI-Related EOs to Continue
As we previously reported, on March 3, 2025, the Maryland District Court denied Defendants’ motion to stay the preliminary injunction in National Association of Diversity Officers in Higher Education v. Trump, preventing the federal government from enforcing several DEI-related clauses in its recent Executive Orders. The court held…
OFCCP Reportedly to Reduce Staff by 90% and Continue Veterans and Individuals with Disabilities Enforcement Efforts
According to Washington Post and Bloomberg press reports, on February 25, 2025, OFCCP Acting Director Michael Schloss submitted a memorandum to Acting Secretary of Labor, Vincent Micone, outlining OFCCP’s plan to significantly reduce its workforce and focus the agency’s efforts on enforcing contractor compliance with veterans and individuals with disabilities…
Federal Court Issues Partial Preliminary Injunction Halting Enforcement of DEI-Related Executive Orders
Last Updated: 3/5/2025
[This post has been re-published from Proskauer’s “Law in the Workplace” blog: Federal Court Issues Partial Preliminary Injunction Halting Enforcement of DEI-Related EOs | Law and the Workplace.]
On February 21, 2025, the U.S. District Court for the District of Maryland issued a preliminary injunction pausing…
DEI and Government Contractors: A High-Stakes Shift
While much of the focus on President Trump’s recent Executive Order on Ending Illegal Discrimination and Restoring Merit-Based Opportunity (the “EO”) has been on its elimination of race and sex-based affirmative action requirements for federal contractors, another provides carries even greater potential implications. The EO also introduces new contractual obligations…
Michael Schloss: New OFCCP Acting Director and Deputy Director of Policy
According to the National Office Directory for OFCCP, Michael Schloss has been named as the new Acting Director and Deputy Director of Policy of the Office of Federal Contract Compliance Programs (“OFCCP”). Michele Hodge, who previous served as Acting Director, is now listed as Deputy Director. The agency has…
DOL Ceases All Contractor Enforcement Activity Under EO 11246
…“Cease and desist all investigative and enforcement activity under the rescinded Executive Order