Final rule · United States · Office of Federal Contract Compliance Programs

Office of Federal Contract Compliance Programs removes Executive Order 11246 affirmative action and nondiscrimination rules for federal contractors

Added to AmendSignal

In short

What changed
The Office of Federal Contract Compliance Programs (OFCCP), part of the Department of Labor, issued a final rule that removes the regulations carrying out Executive Order 11246, effective October 26, 2026. The President revoked that order on January 21, 2025, and the Department says it has not enforced these rules since.
Who's affected
Federal contractors and subcontractors, including federally assisted construction contractors, that were covered by Executive Order 11246. The Department estimates about 107,165 supply and service entities and 9,982 construction contractors, employing about 32 million workers.
What to do
Nothing new is required. Written affirmative action programs, placement and participation goals, and other Executive Order 11246 duties go away. Consider updating contractor compliance processes, while keeping in mind that Title VII of the Civil Rights Act of 1964 and state and local laws still apply, and that OFCCP keeps its hearing procedures for veterans and disability cases.

What changed

Who is affected

What it means in practice

What to do

Required

The rule does not require employers to do anything new. It removes Executive Order 11246 obligations, and the Department says reading the rule is the only cost, which may not even be needed.

Worth considering

Open questions

The source leaves these open. We'll update this record if a later document answers them.

  • What happens to Executive Order 11246 compliance reviews, complaints or conciliation agreements that were still open?

    The rule removes the regulations but does not say how pending matters or existing agreements are handled.

  • How long should contractors keep records they created under the old Executive Order 11246 retention rules?

    The rule removes the retention requirements in 41 CFR 60-1.12 but does not address records already kept.

  • When will the Executive Order 14398 nondiscrimination clause appear in federal contracts?

    The document says the order directs the Federal Acquisition Regulatory Council to issue implementing rules but gives no timeline.

History

  1. Latest · · Issued

    Rescission of Executive Order 11246 Implementing Regulations Source (opens in a new tab)

Sources