President Donald Trump issued an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity” (EO). Its stated purpose is to end illegal diversity, equity, and inclusion and diversity, equity, inclusion, and accessibility (together, DEI). The EO does not change existing law, but it signals the Administration’s focus on targeting organizations that violate
Regulatory Update
BREAKING NEWS: President Trump Reportedly Revokes Executive Order 11246
Bloomberg Law reported late Tuesday night that President Donald Trump has revoked Executive Order 11246 as part of a broader executive order addressing diversity, equity and inclusion programs in the federal government and for private employers generally.
This is a breaking news story. We will follow up as soon as the White House publishes the…
BREAKING NEWS: President Trump Revokes a Long List of Biden Executive Orders
In one of numerous Executive Orders signed on January 20, 2025, President Trump issued an order entitled, “Initial Rescissions of Harmful Executive Orders and Actions.” The Executive Order revokes a long list of Executive Orders and actions by his predecessor, President Joe Biden.
As expected, many Biden Executive Orders revoked by President Trump…
FAR Council Withdraws Proposed Federal Contractor Pay Transparency Rule
Citing limited time in the remaining administration and desire to focus on “other priorities”, the Federal Acquisition Regulatory Council announced its withdrawal of the pending proposed rule requiring federal contractors disclose pay information in job postings and prohibiting federal contractors from seeking and considering information about job applicants’ compensation history.
The Pay Equity and Transparency…
OFCCP Announces Final PDN Rule
As previewed yesterday in OFCCP Interim Director Michelle Hodge’s keynote remarks during the opening day of the NILG 2023 National Conference, OFCCP has released the final rule on “procedures for identifying and remedying discrimination in federal contracting.” Commonly referred to as the PDN rule, the Pre-Enforcement Notice and Conciliation Procedures rule will be officially published…
Navigating the Federal Contractor TikTok Ban
A new Federal Acquisition Regulation (FAR 52.204-27) enacted in June 2023 requires companies with covered contracts to ban the use of TikTok and other apps developed by ByteDance Limited on employee devices, including personal cell phones, which are used in the performance of government contracts. The ban does not apply to devices “incidental to a…
OFCCP Rescinds Trump-Era Religious Exemption Rule
OFCCP has announced the rescission of the Implementing Legal Requirements Regarding the Equal Opportunity Clause’s Religious Exemption rule adopted in January 2021 by President Donald Trump. The rescission is to be posted in the Federal Register on March 1, 2023.
In November 2021 OFCCP published a proposal to rescind the rule on the basis the…
Breaking News: OFCCP Publishes Proposed Modifications to Audit Scheduling Letter and Itemized Listing
On the eve of the Thanksgiving holiday, OFCCP has published proposed modifications to the Scheduling Letter and accompanying Itemized Listing. The deadline to submit comments on the proposed changes is January 20, 2023.
As a reminder, while OFCCP gives advance notice of audits through the CSAL, a contractor’s audit does not commence until…
Study of EEO-1 Component 2 Pay Data Released
As announced, as the 2022 NILG National Conference was coming to a close, EEOC released the long-awaited National Academy of Sciences report on the EEOC’s Pay Data Collection Completed in 2020. The study, titled Evaluation of Compensation Data Collected Through the EEO-1 Form, is a dense read at over 275 pages.
The…
OFCCP Releases Notice of Proposed Rulemaking to Rescind Pre-Enforcement Notice and Conciliation Procedures
As anticipated, OFCCP has released its proposal to revise the Agency’s Rule on Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination. The final rule, published in November 2020, codified the used of The Predetermination Notice and the Notice of Violation as part of OFCCP’s enforcement activities.
In today’s message from…