Former DOL Officials Issue Open Letter to Federal Contractors

On April 15, 2025, ten former senior officials from the U.S. Department of Labor (DOL), including past leaders of the Office of Federal Contract Compliance Programs (OFCCP) and former Solicitors of Labor, released an open letter to federal contractors. This letter addresses the recent rescission of Executive Order (EO) 11246 by President Trump and the subsequent issuance of EO 14173, titled "Ending Illegal Discrimination and Restoring Merit-Based Opportunity." 

Here is a quick overview of what the letter covers: 

1. Rescission of Executive Order 11246: The Trump administration's issuance of Executive Order 14173 rescinded EO 11246, which had prohibited discrimination by federal contractors and required affirmative action plans to ensure equal employment opportunities. This rescission dismantles decades of bipartisan efforts to promote workplace equality. The authors of the letter clarify that EO 11246 did not mandate quotas or preferences but required proactive measures to prevent discrimination and ensure merit-based employment practices.  
2. Continued Legal Obligations Under Civil Rights Laws: Despite the rescission of EO 11246, federal, state, and local civil rights laws, including Title VII of the Civil Rights Act of 1964, Section 503 of the Rehabilitation Act, and the Vietnam Veterans’ Readjustment Assistance Act (VEVRAA, remain in effect. These laws continue to prohibit employment discrimination and support diversity, equity, inclusion, and accessibility (DEIA) initiatives.  
3. OFCCP's Shift in Enforcement Approach: The new director of the Office of Federal Contract Compliance Programs (OFCCP), Catherine Eschbach, has indicated plans to investigate and potentially penalize contractors for DEIA initiatives by reviewing previously submitted affirmative action plans. The former officials argue that these actions exceed the agency's authority and misinterpret its mission. They argue that contractors cannot be penalized for plans they were required to submit and that were legal prior to January 20, 2025.  
4. Encouragement for Contractors to Uphold DEIA Efforts: The letter urges federal contractors to continue lawful DEIA programs, emphasizing that such initiatives are not only legal but also beneficial for fostering innovation and organizational performance. The authors stress that contractors should not be deterred by the current administration's stance, viewing EO 14173 as a significant rollback of civil rights protections.  
5. Call for Clarity and Support: The former officials acknowledge the confusion and concern among contractors, and they aim to provide guidance on navigating the evolving legal landscape. They reaffirm the importance of maintaining fair, merit-based employment practices and the role of DEIA in achieving that goal.  

What This Letter Means for Your Organization 

Federal contractors have many questions about what is required, what is illegal, and what additional changes will be implemented. What we do know is that compliance with all federal, state, and local anti-discrimination laws still remains in effect, along with compliance with Section 503, Title VII, and VEVRAA. As we transition to a new certification requirement, please continue to ensure your workforce is non-discriminatory and that your pay practices are also void of any discrimination.  

As more guidance from DOL and OFFCP comes, OutSolve will bring you updates. If your organization needs support with the  anti-discrimination certification, we are here to help. Subscribe to our newsletter and get this information sent directly to your inbox each week. 

Check out our other helpful resources in regard to this topic. 

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