Affirmative action plans: Are those still a thing?

There have been changes to the requirement for federal contractors to have affirmative action plans (AAPs) since the Trump administration came into office. In Executive Order (EO) 14173 “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” issued on January 21, 2025, the administration rescinded EO 11246 and required the Office of Federal Contract Compliance Programs (OFCCP) to “immediately cease” promoting diversity, holding federal contractors responsible for fulfilling the “affirmative action” obligations imposed by EO 11246, and allowing or encouraging federal contractors to engage in “workforce balancing” based on race, color, sex, sexual preference, religion, or national origin. 

The secretary of the Department of Labor (DOL) then issued a statement on January 24 reiterating the main points of the new EO, stating the OFCCP no longer has the authority to act under the rescinded order but that it will maintain its authority under Section 503 of the Rehabilitation Act (503) and the Vietnam Era Veterans’ Readjustment Act (VEVRAA), which apply to individuals with disabilities and veterans, respectively. So, what does this mean for employers?

Safe harbor period is over