The 90 Day "Grace Period" for Winding Down Executive Order 11246 Affirmative Action Programs, and Related Policies, Will End Soon


You Have 20 Days to Complete a Review of, and Make Changes to, Your Policies & Practices to Ensure Compliance - and OFCCP is Coming to Check - Here's What to Do

As most of us know, President Trump’s Executive Order (EO) 14173 “Ending Illegal Discrimination and Restoring Merit-Based Opportunity”, among other things, revoked EO 11246. The new EO allows federal contractors to continue to comply with EO 11246’s regulatory scheme for 90 days. That 90 day “grace period” ends April 20, 2025.


And, based on new OFCCP Director Catherine Eschbach’s comment last week, OFCCP will permit no “grace period” after the “grace period” –


 “91 days after the recission of 11246, we will need to verify that all federal contractors have wound down their use of affirmative action plans and implement all enforcement options to ensure President Trump’s executive order have been complied with, including internal OFCCP enforcement mechanisms and/or working with other agencies with relevant enforcement authorities."


So, employers should be ready to demonstrate compliance as soon as the 90 day grace period ends.


Employers should conduct an inventory-review, and make needed changes to, at least –


  • EEO Policy Statement
  • EEO “Taglines” in Job Advertisements & Other Outreach and Recruitment Materials
  • Applicant & Employee Self-ID Invitation forms
  • Company/Career Website EEO Notices & Language
  • Employee Handbooks
  • HR & Talent Acquisition Policies & Training Manuals
  • EEO Training Materials
  • Vendor Contracts-Purchase Order Terms & Conditions
  • Any Other Policies, Documents, or Communications that refer to affirmative action and/or federal contractor EEO obligations


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

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