The Center for Workplace Compliance, our affiliated nonprofit membership association, has issued a guide to help federal contractors wind down the affirmative action programs they implemented to comply with the now-rescinded Executive Order 11246.
The guide follows a March 24 announcement from OFCCP Director Catherine Eschbach that OFCCP will use all enforcement options to ensure that federal contractors have wound down their E.O. 11246 AAPs. President Trump’s E.O. 14173 rescinded E.O. 11246 but permits federal contractors to continue complying with it through April 21. OFCCP has not released guidance on the winding down process.
Nevertheless, CWC notes that federal contractors should take several proactive measures by April 21. These include:
- Removing references to “affirmative action,” “women,” or “minorities” from the EEO tagline. Employers could consider using: “equal opportunity employer/disability/veteran”;
- Removing from the EEO flow down clause references to regulations that implemented E.O. 11246;
- Removing references to E.O. 11246 from the EEO/AA policies, vendor notification templates, and union notification templates;
- Removing OFCCP’s pay transparency nondiscrimination provision;
- Monitoring for an updated version of EEOC’s “Know Your Rights” poster; and
- Informing internal stakeholders that percentage placement rate goals will no longer serve as the basis for AAPs.
CWC members can read more here.