Following the rescission of Executive Order 11246, the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, is providing its member companies with an updated version of the equal opportunity flow-down clause that they can incorporate into subcontracts and purchase orders subject to Section 503 of the Rehabilitation Act and Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act.
CWC’s version of the clause also covers the notification requirements arising under E.O. 13496, which requires federal contractors to notify their employees of their rights under the National Labor Relations Act.
Covered federal contractors may voluntarily comply with OFCCP regulations at 41 CFR Parts 60-1, 60-2, and 60-4 through April 20, 2025. In the meantime, many federal contractors are reviewing and revising their procedures, policies, and other written materials that may refer to E.O. 11246.
Organizations should review and modify their master services agreement, purchase order, and other contract templates that may contain the legacy equal opportunity flow-down clause that referenced E.O. 11246. There is no need to modify existing contracts.
CWC members can read more here.