Following President Trump’s revocation of Executive Order 11246 in January 2025, the Office of Federal Contract Compliance Programs (OFCCP) has invited federal contractors to voluntarily disclose how they have wound down their affirmative action programs. In a June 27 letter, new OFCCP Director Catherine Eschbach announced the reopening of the OFCCP online portal for contractors who wish to submit information on their efforts to comply with the revocation of EO 11246. This portal was previously used by federal contractors to annually certify their compliance with affirmative action planning requirements but had not yet opened in 2025.
Executive Order 14173, in which President Trump revoked the 1965 Executive Order 11246, provided for a 90-day grace period in which federal contractors were directed to wind down any affirmative action programs that violated federal discrimination laws. EO 11246 was the foundation for the current affirmative action plan mandates for federal contractor tracking of employment action and compensation by race, color, religion, sex, sexual orientation, gender identity, or national origin. EO 14173 mandated the OFCCP cease: “(A) Promoting ‘diversity’; (B) Holding federal contractors and subcontractors responsible for taking ‘affirmative action’; and (C) Allowing or encouraging federal contractors and subcontractors to engage in workforce balancing based on race, color, sex, sexual preference, religion, or national origin.”
The order further required the head of each federal agency awarding contracts to include a contract provision in each agreement requiring the contractor to certify it does not “operate any programs promoting DEI that violate any applicable federal anti-discrimination laws.”
The June 27 letter offers federal contractors the opportunity to use the OFCCP portal to submit information regarding how they have implemented EO 14173. Submission is purely voluntary, and no particular format is mandated. The letter makes several suggestions about what information to provide, including whether the contractor has reviewed its programs, whether it believes any changes are necessary, and what steps it has taken to implement those changes. Listed examples of programming requiring changes are trainings or programs available only to employees of a certain race or sex, tying executive compensation to race- or sex-based hiring and related goals, and mandating courses or training that emphasize racial stereotypes, among others. OFCCP provides a 90-day window from the date of the letter to provide this information through the portal.
The implications of submitting information are not yet fully clear, but it is very likely that any information submitted could be shared with other federal agencies. Given the uncertainty of how this information will be used, federal contractors should consult with their attorneys prior to disclosing any information through the portal. Consulting and Enterprise members should reach out to Employers Council to discuss any questions with an employment attorney. You can contact us at info@employerscouncil.org. Employers Council is monitoring developments and will continue to communicate them to our members.
Julia Paris is an attorney and the director of Specialized Consulting Services for Employers Council.