Former OFCCP director provides guidance on DEI

Catherine Eschbach, former Office of Federal Contract Compliance Programs (OFCCP) director, shared insights from her tenure at the OFCCP following the revocation of Executive Order (EO) 11246 and the introduction of EO 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” First, she said the administration views many diversity, equity, and inclusion (DEI) practices as potentially discriminatory under civil rights laws if they involve identity-based decision-making.

Eschbach—now acting Equal Employment Opportunity Commission (EEOC) general counsel—recommended the following advice for employers now:

• Review all DEI and affirmative action programs to ensure they are race- and sex-neutral.
• End “placement goals” or quotas based on identity characteristics and reassess any public DEI targets.
• Although data collection on demographics is still allowed, limit access and use to HR/legal for compliance—not for hiring decisions.
• Federal contractors must now focus on Section 503 (disability) and VEVRAA (veteran) obligations—both remain in force.
• OFCCP is prioritizing self-audit programs to help organizations voluntarily identify and fix risks.

Eschbach went on to provide additional insights for employers: