OFCCP Resumes Enforcement, Proposes Regulations to Carry Out Trump Executive Orders

Author: Emily Scace, Brightmine Senior Legal Editor

July 10, 2025

After a long pause in enforcement, the Office of Federal Contract Compliance Programs (OFCCP) has announced that the agency will resume processing complaints under Section 503 of the Rehabilitation Act (Section 503) and the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA), which require federal contractors to take affirmative action for protected veterans and qualified individuals with disabilities.

Enforcement of these laws had been on hold following President Trump's Executive Order 14173, which terminated affirmative action requirements for federal contractors on the basis of race, color, sex, sexual orientation, gender identity, religion and national origin. EO 14173 did not affect affirmative action requirements based on disability and veteran status; however, according to the OFCCP, its enforcement of VEVRAA and Section 503 was entangled with its enforcement of requirements rescinded by EO 14173.

Although the OFCCP will resume processing complaints under Section 503 and VEVRAA, it plans to close all pending compliance reviews and will not schedule any additional compliance audits from its November 2024 list. The Section 503 and VEVRAA compliance portals also remain closed. However, the OFCCP reminded federal contractors that Section 503 and VEVRAA remain in effect, and contractors should continue to comply with all applicable requirements.

Proposed Rules Would Rescind, Modify Requirements

The OFCCP also issued three Notices of Proposed Rulemaking (NPRMs) to implement directives under EO 14173. The three NPRMs propose a range of substantive and technical changes.

  • Rescission of Executive Order 11246 Implementing Regulations proposes to rescind regulations under EO 11246, which was revoked by EO 14173. EO 11246 and its later modifications required covered federal contractors to take affirmative action with regard to race, color, religion, national origin, sex, sexual orientation and gender identity. Federal contractors subject to EO 11246 had to contend with an extensive compliance regime. Under the OFCCP's proposed rule, all of these requirements would be rescinded. As a result, unless required by another law or regulation, federal contractors would no longer be required to:
    • Develop and maintain a written affirmative action program covering race, color, religion, national origin, sex and sexual orientation;
    • File EEO-1 reports (unless required to do so as an employer with 100 or more employees);
    • Retain certain personnel and employment records and identify the gender, race and ethnicity of employees and job applicants (including internet applicants);
    • Comply with requirements for tests and other selection procedures used to make employment decisions;
    • Analyze pay structures to identify gender-, race- or ethnicity-based disparities; or
    • Set placement goals and conduct statistical analyses regarding the demographic composition of their workforce.
  • Modifications to the Regulations Implementing the Vietnam Era Veterans' Readjustment Assistance Act of 1974, as Amended would incorporate provisions governing enforcement procedures under EO 11246, which VEVRAA regulations cross-reference, directly into the VEVRAA regulations and remove other references to EO 11246.
  • Modifications to the Regulations Implementing Section 503 of the Rehabilitation Act of 1973, as Amended would also remove references to EO 11246, in addition to rescinding regulations that:
    • Require federal contractors to invite applicants and employees to self-identify their disability status; and
    • Set utilization goal requirements for qualified individuals with a disability.

Public comment on all three of the NPRMs is open through September 2, 2025.