On January 21, 2025, President Trump signed the “Ending Illegal Discrimination And Restoring Merit-Based Opportunity” Executive Order (the “EO”). Among other things, this EO rescinds Executive Order 11246.
Executive Order 11246
Under Executive Order 11246, covered federal contractors and subcontractors were required to affirmatively recruit women and minorities for employment and ensure employment practices did not discriminate on the basis of race, color, religion, sex, and national origin. Executive Order 11246 further mandated that contractors develop annual affirmative action plans measuring their compliance with these objectives.
The Rescission of Executive Order 11246
The Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) has been responsible for enforcing Executive Order 11246 and its implementing regulations. Trump’s new EO directs the OFCCP to immediately stop:
The EO further provides, however, that contractors “may continue to comply with the regulatory scheme” for a period of 90 days, or until April 21, 2025.
Moving forward under the EO, executive agencies must require federal contractors “to agree that . . . compliance in all respects with all...
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