OnOn July 1, 2025, the Office of Federal Contract Compliance Programs (“OFCCP”) released three notices of proposed rulemaking that, if adopted, will change federal contractors’ affirmative action obligations.

• First, the agency proposes to rescind all regulations that give effect to Executive Order 11246 (“EO 11246”).
• Second, OFCCP seeks to amend the rules implementing government contractor requirements under Section 503 of the Rehabilitation Act (“Section 503”) in two fundamental respects: eliminating the obligation to invite applicants and employees to self-identify as individuals with disabilities and abandoning the utilization goal requirements for individuals with disabilities.
• Finally, OFCCP proposes modest, largely technical revisions to its Veterans’ Employment and Readjustment Assistance Act (“VEVRAA”) regulations governing government contractors to remove cross-references to Executive Order 11246.

With respect to EO 11246 regulations (specifically, 41 C.F.R. §§ 60-1, 60-2, 60-3, 60-4, 60-20, 60-40, and 60-50 ), OFCCP explains that “it must rescind” those regulations in light of Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” It also states, as “a further separate and independent reason for rescission,” DOL’s “concerns that the affirmative action regulations are vulnerable to legal challenge as unlawful,” citing the 2023 U.S. Supreme Court decision in Students for Fair Admissions, and contends the action is further...

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