EO 11246 and OFCCP future to be determined early in new administration

Although the first Trump administration didn’t substantially affect Executive Order 11246 or the Office of Federal Contract Compliance Programs (OFCCP), the backlash against affirmative action and diversity, equity, and inclusion (DEI) may make the OFCCP one of the first subagencies to be eliminated by the new administration. The president has already  indicated he will issue “hundreds” of Executive  Orders in his first week. It’s also expected that he will eliminate any of President Joe Biden’s Executive Orders. By rescinding Executive Order 11246 (issued by President Lyndon Johnson in 1965), he will kill  affirmative action plans for women and minorities and the OFCCP in one fell swoop.

SCOTUS declined to review 10th Circuit $15 minimum wage decision

The U.S. Supreme Court refused to review the decision from the U.S. 10th Circuit Court of Appeals upholding President Biden’s authority to issue an Executive Order requiring federal contractors to pay workers $15 per hour. The plaintiffs, tour companies on the Colorado River, had asked the Court to reverse the decision, saying the court of appeals had pushed the limits of the Procurement Act too much. The Department of Labor (DOL) had supported the decision, saying in a reply brief that since 1949 the lower federal courts had recognized the president’s authority to determine the terms on which the government is willing to do business.