OFCCP Invites Voluntary Disclosures from Federal Contractors Following Executive Order 14173
Jennifer Agnew
On Friday, June 27, 2025, the Office of Federal Contract Compliance Programs (OFCCP) announced that federal contractors can voluntarily submit information detailing their actions in response to Executive Order 14173, titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The announcement was shared both via direct communication to contractors and on the agency’s website.
In the letter, OFCCP Director Catherine Eschbach stated that Executive Order 14173 “reaffirmed the central importance of federal non-discrimination laws” by eliminating the use of “unlawful, unfair, and unsafe discriminatory practices,” including those categorized under Diversity, Equity, and Inclusion (DEI). The Executive Order repealed EO 11246, that had required federal contractors to implement affirmative action programs based on race and sex.
Director Eschbach also highlighted that the deadline to wind down compliance with EO 11246’s affirmative action mandates was April 21, 2025. In the next 90-days, the OFCCP is offering contractors an opportunity to voluntarily disclose how they are implementing EO 14173 and detangling from their EO 11246 affirmative action plans.
According to the notice, this voluntary initiative “allows the federal contractor community to share information, if they choose to, about how they have implemented EO 14173.” Contractors may submit a narrative explanation through the OFCCP’s Contractor Portal. While the agency provides guidance for those opting to participate, it emphasizes that submissions are entirely optional, with contractors free to determine the content and format of their disclosures.
It remains unclear how the OFCCP intends to use the information submitted by contractors, adding uncertainty to the decision of whether to participate. A number of considerations that are unique to each employer need to be reviewed. This could have significant implications for your business.
We will continue to monitor and report on developments in this area as more information becomes available.
If you have questions or want a deeper dive into the voluntary submission opportunity as it pertains to Executive Order 14173, join me and Mickey Silberman of Silberman Law PC for a free webinar on July 22.
