In response to President Donald Trump revoking Executive Order 11246, acting U.S. Labor Secretary Vincent Micone issued an order Jan. 24 instructing Department of Labor (DOL) employees, including those in the Office of Federal Contract Compliance Programs (OFCCP), to stop all enforcement activity under the rescinded Executive Order 11246.
Specifically, the order instructs OFCCP to: “Cease and desist all investigative and enforcement activity under the rescinded Executive Order 11246 and the regulations promulgated under it. This includes all pending cases, conciliation agreements, investigations, complaints, and any other enforcement-related or investigative activity. Notify all regulated parties with impacted open reviews or investigations by January 31, 2025, that the EO 11246 component of the review or investigation has been closed and the Section 503 and VEVRAA [Vietnam Era Veterans’ Readjustment Assistance Act] components of the review or investigation are being held in abeyance pending further guidance.”
As indicated in the order, by Jan. 31, federal contractors with open audits or investigations pursuant to EO 11246 should receive communication from OFCCP that their reviews are closed.
Additionally, given that Section 503 (Individuals with a Disability) of the Rehabilitation Act and VEVRAA (Protected Veterans) reviews are on hold until OFCCP and contractors receive further guidance, contractors presumably are under no obligation to submit VEVRAA and Section 503- related materials to OFCCP in connection with any open reviews.
Laura A. Mitchell and Lisa B. Marsh are attorneys with Jackson Lewis in Denver. Michael Giarratano is an attorney with Jackson Lewis in Long Island, N.Y. © 2025 Jackson Lewis. All rights reserved. Reposted with permission.
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