outsolve insights

OutSolve has invited John C. Fox, Esq. as a guest blogger providing legal insights on EEO and compliance issues. The views expressed in his posts are his and do not reflect the viewpoint of OutSolve or its employees.

In John Fox's last blog, he explored the legal risks under the False Claims Act (FCA) when certifying compliance on federal contracts and grants, highlighting the need for proactive evaluation and internal review. In this follow-up blog, Fox explains how two major federal agencies, the DoD and GSA, are already implementing binding contract changes in response to the new anti-DEI Executive Orders. While formal FAR Council rules are still pending, these Class Deviations make one thing clear: change is happening now and contractors must be ready.

FEDERAL CONTRACT/GRANT CLAUSES UPDATE: The Federal Acquisition Regulatory (FAR) Council has yet to issue Proposed, let alone Final, Rules to implement throughout the federal government the two anti-DEI certifications President Trump has ordered up. The Council also has NOT forecast a publication date. (They are a bit busy in Washington D.C. at this time.) 

OutSolve has invited John C. Fox, Esq. as a guest blogger providing legal insights on EEO and compliance issues. The views expressed in his posts are his and do not reflect the viewpoint of OutSolve or its employees.

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." 

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. 

OutSolve has invited John C. Fox, Esq. as a guest blogger providing legal insights on EEO and compliance issues. The views expressed in his posts are his and do not reflect the viewpoint of OutSolve or its employees.

OutSolve has invited John C. Fox, Esq. as a guest blogger providing legal insights on EEO and compliance issues. The views expressed in his posts are his and do not reflect the viewpoint of OutSolve or its employees.

The U.S. Department of Labor (DOL) announced their new Director of the Office of Federal Contract Compliance Programs (OFCCP) on March 24, 2025. Catherine Eschbach will now lead the department in its transition from EO 11246 to EO 14173, Ending Illegal Discrimination and Restoring Merit-Based Opportunity. Eschbach is quoted as saying she will work to “restore a merit-based system to provide all workers with equal opportunity.” 

OutSolve has invited John C. Fox, Esq. as a guest blogger providing legal insights on EEO and compliance issues. The views expressed in his posts are his and do not reflect the viewpoint of OutSolve or its employees.

The U.S. Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) jointly issued a press release on Wednesday, March 19, 2025, that gave some further clarification on unlawful discrimination related to Diversity, Equity, and Inclusion (DEI). 

With the recent rescission of Executive Order (EO) 11246, many employers, especially federal contractors, are reevaluating their approach to compliance. However, while EO 11246 is no longer in effect, compliance obligations remain under both Title VII of the Civil Rights Act and the Uniform Guidelines on Employee Selection Procedures.