OFCCP Director’s June 27, 2025 Letter

Background: In January, 2025, President Trump signed Executive Order14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, which rescinded Executive Order 11246 – requiring federal contractors implement Affirmative Action Plans for females and race/ethnic minorities – and prohibiting “illegal DEI”, among other actions.

On Friday, June 27, 2025, OFCCP Director Catherine Eschbach issued a letter inviting federal contractors to submit information regarding how they have complied with EO 14173.

"OFCCP now offers federal contractors the opportunity to provide information about their efforts to wind down compliance with the EO 11246 regulatory scheme and ensure full compliance with the Nation’s non-discrimination laws… OFCCP is providing all federal contractors with the opportunity to volunteer information about what actions they have taken in response to EO 14173."

Contractor submissions are due by September 25, 2025. OFCCP’s Contractor Portal provides further guidance for how to submit information.

What is OFCCP Looking for in Contractor Submissions?

OFCCP invites contractors to provide the following information:

• Confirmation that they have reviewed their EO 11246 affirmative action efforts;
• An assessment of whether employment or recruitment practices require modification; and
• A description of any changes made, and the steps taken, to modify those practices.

Director Eschbach’s letter also encourages contractors to submit “[e]xamples of practices that federal contractors may have undertaken” and “may want to provide information as to the current status” of:

• Making trainings, sponsorship programs, leadership development programs, educational funding, or other privileges of employment available only to employees of a certain race or sex;
• Placement goals that were based on race or sex;
• Ratings by diversity organizations that graded employers on factors that included the provision of resources designed to promote the rise of non-white, non-male employees;
• Using applicants’ or employees’ participation in race- or sex related (internal or external) groups or organizations as a “plus factor” or proxy for race or sex in employment and hiring decisions;
• Tying executive compensation to meeting race- or sex-based hiring, promotion, retention, representation, or other employee-demographic-related goals;
• Mandating courses, orientation programs, or trainings that are designed to emphasize and focus on racial stereotypes; and
• Encouraging employees to make recruitment efforts to or employment referrals of certain candidates based on race or sex.

What Will OFCCP do with this Information?

Notably, OFCCP offers no “safe harbor” or other incentive to submit information, nor does it indicate there are penalties for not submitting. As a result, contractors may have differing perspectives on the risks/benefits of submitting information.

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If you would like to discuss OFCCP’s invitation, or you have questions, please contact the Silberman Law legal professional with whom you work, or simply reply to this Alert.