OFCCP Director Invites Federal Contractors to Voluntarily Submit Information

On June 27, 2025, federal government contractors received an email from OFCCP Director Catherine Eschbach offering them the “opportunity” to “provide information about their efforts to wind down compliance with the [Executive Order] 11246 regulatory scheme and ensure full compliance with the Nation’s non-discrimination laws.”¹ Contractors are invited to provide this information in narrative form through the Contractor Portal that OFCCP previously established for contractors to use to certify compliance with the requirements of Executive Order 11246. Executive Order 11246, which was revoked by President Trump’s Executive Order 14173 on January 22, 2025, prohibited discrimination by federal contractors against women and minorities and required affirmative action to remove any barriers to equal employment opportunity related to sex, race, or ethnicity.

The Director’s email makes it clear that the decision to submit any information is entirely voluntary. The Director’s email does not discuss the direct benefits from providing information in the Contractor Portal, nor does the email indicate how OFCCP will use any information that is provided. It is not currently clear if OFCCP has remaining authority to request, collect, or use information relating to compliance with Executive Order 11246 as this executive order has been revoked and the Secretary of Labor’s January 24, 2025 Order 03-2025 specifically required OFCCP to “[c]ease and desist all investigative and enforcement activity under the rescinded Executive Order 11246 and the regulations promulgated under it,” including any “enforcement-related or investigative activity.” In addition, the request does not appear to have been made in accordance with the Paperwork Reduction Act, which requires government agencies to obtain clearance from the Office of Management and Budget before commencing a collection of information.

While OFCCP’s authority to enforce the now revoked Executive Order 11246 remains in question, this information (if provided) could be shared by the OFCCP with other groups – potentially including the Department of Justice, the Equal Employment Opportunity Commission, or non-governmental groups or attorneys looking for employers to focus on for allegedly engaging in discriminatory practices. It is concerning, for example, that Director Eschbach reads the OFCCP’s former rules as “requiring that federal contractors engage in workforce balancing” and her stated view that “many contractors improperly engage[d]” in discriminatory conduct.

Given the administration’s stated skepticism of diversity programs and the absence of a stated benefit to providing information in response to this request, it is recommended that a government contractor consult with qualified legal counsel before doing so.

Federal contractors that have not yet formally wound down their Executive Order 11246 affirmative action programs should do so. Typically, this is fairly simple, involving some revisions to policies, notices, and contract language. Efforts to proactively look for and resolve barriers to equal employment opportunity remain lawful. It likewise remains lawful to maintain recruiting practices that ensure outreach to all qualified individuals, regardless of race, sex, or ethnicity.