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 signaled exactly what is in store, it seems likely that changes are coming. Below we provide some thoughts on what might occur.
Of course, once President Trump takes office, we will be monitoring developments closely and alerting our readers here. Stay tuned!
Looking Back at Trump 1.0
To set the stage, when President Trump first took office in 2017, many predicted the end of OFCCP. In some ways, the precise opposite occurred. Under then-Director Craig Leen, OFCCP was incredibly active during the Trump Administration, issuing over a dozen Directives and multiple new regulations, instituting new types of audits, and obtaining record recoveries for employees.
Even so, OFCCP during President Trump’s first term took an approach that was widely seen as contractor-friendly, establishing procedures that provided contractors with more transparency and consistency in their dealings with OFCCP. Many of those efforts were rescinded by the Biden administration.
Other efforts during this period were more controversial. OFCCP expanded the existing exemption to religious entities’ compliance with the anti-discrimination provisions of Executive...
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