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Countdown: Final Days of the 90-Day Safe Harbor Period for AAPs

Written by OutSolve | Apr 14, 2025 2:00:10 PM

April is here and with that comes the end of the 90-day safe harbor period for federal contractors complying with EO 11246. As April 21, 2025, approaches, federal contractors are obligated to transition away from EO 11246 requirements, or affirmative action plans (AAP) for women and minorities to EO 14173. 

When President Trump signed EO 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity, on January 21, 2025, contractors were told they had 90-days to continue compliance with previous EO 11246 AAP requirements before the regulation was no longer in effect. The 90-day safe harbor period ends on April 21, 2025, and the new head of the Office of Federal Contract Compliance Programs (OFCCP), Catherine Eschbach, is committed to carrying out President Trump’s executive orders, which will restore a merit-based system, enforce anti-discrimination, and require contractors and grant recipients to certify that they “do not operate any programs promoting DEI that violate any applicable Federal anti-discrimination laws.”    

In the news release announcing Eschbach’s appointment, she says “the President mandates federal contractors wind those practices [EO 11246] down within 90 days.” In an internal memo reported to be sent to employees, she highlights that on the 91st day, the OFCCP will begin verifying that all contractors have discontinued the use of AAPs for women and minorities and will now focus on ensuring compliance with Federal anti-discrimination laws.

Register for our upcoming May 13, 2025 webinar called Breaking HR News: Compliance Shifts, DEI Controversies, Real-World Insights & What You Need to Know as we break down what's going on in the world of HR compliance and best practices your organization can take to remain compliant.

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What Federal Contractors Need to Know 

With April 21 rapidly approaching, here are some things federal contractors and grant recipients should know as we await further guidance on the new requirements :  

  • Wind down your EO 11246 AAPs as they will not be required after April 21, 2025 
  • On the 91st day of EO 14173, the OFCCP may begin verifying that all contractors have discontinued their use of AAPs 
  • The OFCCP plans to look at old AAPs to determine if illegal DEI is present or has been discontinued. As a proactive step, review your EO 11246 AAPs, or engage an expert to uncover information that may put your organization at risk.    
  • Anti-DEI certifications are required. We have reports that federal agencies have begun sending and requiring federal contract bidders and grant applicants to sign anti-DEI certifications.  
  • Always analyze before you certify. Prior to certifying you are not engaged in unlawful DEI activity, perform a non-discrimination analysis as a risk prevention measure against any potential False Claims. Additionally, review your handbooks, policy statements, job postings, and internal and external communications to ensure you are not demonstrating illegal DEI 
  • Ensure you are complying with all Federal and state active anti-discrimination laws. Align your non-discrimination efforts with Title VII and include all races and genders in any analysis or lawful DEI activities. 
  • Get ready to update workplace labor law posters. New requirements will likely require poster updates. Click here to see a list of 2025 poster changes.  

As a reminder, the Equal Employment Opportunity Commission (EEOC) issued DEI-related discrimination guidance on things that can be considered illegal DEI and what employees should do if they have experienced DEI-related discrimination. You should review the following documents to ensure you are complying with this new guidance.  

Anticipated Poster Changes 

With the new Executive Orders comes anticipated mandatory poster updates. the following posters should be reviewed for replacement: 

  • “Know Your Rights: Workplace Discrimination is Illegal” Poster: Expected revisions include the removal of gender identity and expression as protected categories. 
  • “Pay Transparency Non-Discrimination” Poster: This has been removed from the OFCCP website, and an announcement may be forthcoming regarding its status.  
  • Federal Contractor Minimum Wage Notices: Expected changes due to the rescission of EO 14026, which had previously raised the minimum wage for federal contractors. 

Your organization should be monitoring these poster updates to ensure you are displaying the required posters and staying in compliance. OutSolve offers a poster subscription service, so you don’t have to constantly refresh sites to see when updates are available. When changes occur, new posters are automatically shipped. Learn more about this time-saving service here. 

What These Changes Means for Your Organization 

A lot is still uncertain, but time has provided a glimpse of clarity in some areas. As we await further guidance from Eschbach and the OFCCP, right now it is important you unwind and evaluate EO 11246 AAPs.  and that you analyze your employment decisions, policies, procedures, and workforce for any Title VII violations. 

OutSolve can help you ensure your DEI practices are non-discriminatory and can provide guidance on what the new anti-DEI certification may mean for you. Reach out today for further guidance from our team of experienced consultants.  

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