In a letter dated June 27, 2025, sent to federal contractors and posted on its website, the Office of Federal Contract Compliance Programs (OFCCP) announced it is providing federal contractors the option to voluntarily submit information about actions they have taken in response to Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.”

OFCCP Director Catherine Eschbach asserts in the letter that Executive Order 14173 “reaffirmed the central importance of federal non-discrimination laws” by “eliminating reliance upon unlawful, unfair, and unsafe discriminatory practices, including those labeled as Diversity, Equity, and Inclusion (DEI). . . .” EO 14173 rescinded EO 11246, a Johnson-era directive that required federal contractors to implement affirmative action programs to ensure equal employment opportunity on the basis of race and sex.

Director Eschbach notes the deadline to “wind down compliance” with EO 11246 affirmative action requirements was April 21, 2025. Over the next 90 days, the OFCCP is offering federal contractors the option to voluntarily disclose information about their efforts to phase out compliance with previous regulations. Per the notice,

[t]his opportunity allows the federal contractor community to share information, if they choose to, about how they have implemented EO 14173.  

Federal contractors can submit a narrative, if they choose to, through OFCCP’s Contractor Portal. While the “content, format, and decision to provide any information is completely up to the contractor,” and OFCCP emphasizes disclosure is not mandatory, and goes on to provide guidance and considerations for those electing to supply their information.

At the time of publishing this blog post, it is not known how OFCCP intends to use federal contractors’ disclosed information which makes the decision whether to provide the Agency with any information difficult. Today’s letter also comes on the heels of the Department of Labor’s proposed elimination of OFCCP next fiscal year.

We continue to monitor developments in this area and will update this post as we learn more.

For assistance in understanding the OFCCP’s letter and its implications, contact a Jackson Lewis attorney to discuss.

Tags: Contractor Portal, Executive Order 14173, OFCCP, Office of Federal Contract Compliance Programs
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Photo of Laura A. Mitchell Laura A. Mitchell

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with…

As co-leader of the firm’s ESG group, Laura Mitchell partners with her clients to evaluate, set, achieve and monitor their organizational culture and human capital goals. She focuses her practice on data analytics, including pay equity and other employee analytics, working side-by-side with employers to build programs that benefit employees and create a stable, high-functioning workplace. Understanding that an inclusive, values-based culture provides a crucial competitive advantage in the modern workplace, Laura enjoys counseling companies on the development of proactive and equitable pay and diversity practices.

In Laura’s version of the reimagined workplace, attention to human capital issues, especially DEI and pay equity, would be the rule rather than the exception nationwide and she works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize this vision for her clients’ ongoing success. She helps clients understand all issues across the spectrum of their journey, helping to establish regular analyses as well as counseling organizations on implementation and compliance obligations, where applicable. Committed to putting her clients’ organizational goals first and foremost, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication.

Laura also represents companies in OFCCP matters, preparing for and defending OFCCP audits, and counseling employers on issues stemming from OFCCP regulations. She personally oversees the development of hundreds of Affirmative Action Plans for clients each year and is intimately involved in the defense of OFCCP audits. Her approach to compliance is one of facilitation and conciliation while simultaneously advocating in the best interests of her clients.

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Photo of K. Joy Chin K. Joy Chin

Joy Chin is a principal in the Long Island, New York, office of Jackson Lewis P.C. She is a member of the firm’s Board of Directors, co-leader of the firm’s Affirmative Action, OFCCP and Government Contract Compliance practice group, and co-leader of the…

Joy Chin is a principal in the Long Island, New York, office of Jackson Lewis P.C. She is a member of the firm’s Board of Directors, co-leader of the firm’s Affirmative Action, OFCCP and Government Contract Compliance practice group, and co-leader of the firm’s Pay Equity group.

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