New OFCCP Director Appointed - Catherine Eschbach


Has Plans to Review Prior Audit AAPs to Look for Evidence of Past Employment Discrimination

The Department of Labor announced today that Catherine Eschbach is the new OFCCP Director. The press release quotes Director Eschbach as saying –


President Trump made clear…that EO 11246 had facilitated federal contractors adopting DEI practices out of step with the requirements of our Nation’s civil rights laws…As Director, I’m committed to carrying out President Trump’s executive orders, which will restore a merit-based system to provide all workers with equal opportunity.


From the Wall Street Journal, we have learned Director Eschbach, in a memo to OFCCP staff, indicated OFCCP’s efforts have been “…out of step, if not flat out contradictory, to our country’s laws, and all reform options are on the table.”


One reform is Director Eschbach’s reported intention to reopen prior audits to search for discriminatory employment practices.


We will be examining federal contractors’ previously submitted affirmative action plans to determine whether they indicate the presence of longstanding unlawful discrimination and whether it is appropriate for OFCCP to undertake any investigation and enforcement actions or refer the matter to other agencies with jurisdiction to investigate and/or initiate enforcement actions.


This may mean OFCCP investigations of statistical evidence of adverse impact against whites and males, or pay disparities to their disadvantage. Likewise, where contractors submitted documents and descriptions regarding their diversity, equity, and inclusion programs, those also may draw scrutiny.


While Director Eschbach’s statements don’t yet paint a full picture, it appears President Trump’s Administration has decided to keep OFCCP “alive” and to deploy the Agency as an enforcer of Executive Order 14173 – Ending Illegal Discrimination and Restoring Merit-Based Opportunity – with a particular focus on “unlawful DEI”.


We will provide updates as events continue to develop.


If you have questions, simply reply to this Alert or contact the Silberman Law legal professional with whom you work.

February 12, 2026
Based on Federal 9th Circuit Court Decision, OFCCP to Disclose Five Years of Government Contractors' EEO-1 Reports OFCCP Announced It Will Release the Reports to The Center for Investigative Reporting on February 25, 2026
Reports Are Due May 13, 2026
February 5, 2026
The California Pay Data Reporting Portal is now open and employers have until Wednesday May13th, 2026 to submit their Payroll Employee and Labor Contractor Reports to the CRD.
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January 22, 2026
Annual California Pay Data Reporting is upon us again. This year’s deadline, for both Payroll Employee and Labor Contractor Employee Reports, is May 13, 2026.
February 12, 2026
Based on Federal 9th Circuit Court Decision, OFCCP to Disclose Five Years of Government Contractors' EEO-1 Reports OFCCP Announced It Will Release the Reports to The Center for Investigative Reporting on February 25, 2026
Reports Are Due May 13, 2026
February 5, 2026
The California Pay Data Reporting Portal is now open and employers have until Wednesday May13th, 2026 to submit their Payroll Employee and Labor Contractor Reports to the CRD.
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January 22, 2026
Annual California Pay Data Reporting is upon us again. This year’s deadline, for both Payroll Employee and Labor Contractor Employee Reports, is May 13, 2026.
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January 21, 2026
Submission of Seven Years of Detailed Data Due by March 18, 2026. The Data Will Be Used for Potential Discrimination Investigations.
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January 14, 2026
Massachusetts requires private employers with 100 or more employees located in the state to submit their most recently filed EEO-1 Reports by February 2, 2026 to the state’s Reporting Portal.
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December 12, 2025
President Trump Issued New Executive Order on Artificial Intelligence in December 11, 2025.
November 25, 2025
Government Increases Contract Thresholds for Affirmative Action Plan Obligations Under Section 503 & VEVRAA Covered Government Contractors Must Prepare Annual AAPs Under Section 503 & VEVRAA - Are You In Compliance
Update on the Government Shutdown & I-9
October 9, 2025
E-Verify Has Re-Started and Is Operational and USCIS Has Provided Detailed Guidance to Address Backlog.
October 8, 2025
Massachusetts Job Posting Pay Transparency Requirements Become Effective October 29, 2025 Pay Ranges Must Be Included in Job Postings and Provided to Employees and Applicants
The Government Shutdown & I-9 Compliance
October 7, 2025
During the Ongoing Federal Government Shutdown, E-Verify is Down But I-9 Employment Verification Obligations are Still in Effect - How Should Employers Comply?