Executive Order 11246

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The U.S. Department of Labor has announced that Catherine Eschbach will be the new Director of OFCCP, taking over for Acting Director Michael Schloss.

Director Eschbach comes from private practice as an Appellate attorney at Morgan Lewis, representing clients in complex matters.  Prior to private practice, Director Eschbach clerked for Judge Jennifer Walker Elrod of…

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…

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…

The U.S. Department of Labor, including OFCCP, recently issued its Fall 2021 Regulatory Agenda, which identifies the regulatory goals the Agency would like to achieve during the fiscal year and beyond.  While OFCCP may not complete all (or even any) of these goals during the current fiscal year, the Agenda provides insights into the…

Following on the heels of its final rule clarifying the religious exemption found at Section 204(3) of Executive Order (EO) 11246 and codified at 41 C.F.R. 60-1.5(a)(5) (the Exemption), OFCCP this week issued an Opinion Letter addressing the scope of the Exemption. Specifically, the Opinion Letter provides insights on “six possible religious discrimination scenarios.”

As…

As anticipated, on December 7, 2020, OFCCP published on its Website a lengthy final rule clarifying the religious exemption found at Section 204(3) of Executive Order (EO) 11246 and codified at 41 C.F.R. 60-1.5(a)(5) (the Exemption).

The purpose of this final rule is to clarify the contours of the E.O. 11246 religious exemption and the…

The Department of Defense has published a Memo and provided the Clause which its contracting agencies are now required to include in new contracts after the November 21, 2020 effective date of Executive Order 13950 – Combating Race and Sex Stereotyping.  The notice identifies this as a “class deviation”  that is “effective immediately” and…