Last gasp? OFFCP remains active as it winds down

August 2025 federal employment law insider

Authors:

the editors of FELI

Although the Office of Federal Contract Compliance Programs (OFCCP) is slated to be eliminated under the Department of Labor’s (DOL) proposed fiscal year (FY) 2026 budget on October 1, 2025—the first day of FY2026—the agency has had a burst of activity in the past few weeks.

OFCCP requests voluntary submissions under EO 14173

On Friday, June 27, 2025, OFCCP Director Catherine Eschbach issued a letter inviting federal contractors to voluntarily share with the OFCCP how they have implemented program changes under Executive Order (EO) 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” Participation is entirely at the contractor’s discretion, including the content and format of such information, and contractors have until September 25 to submit the info. Submission instructions are available on the OFCCP’s contractor portal.

Eschbach’s letter encouraged federal contractors to provide:

Confirmation that they have reviewed their EO 11246 affirmative action efforts;
An assessment of whether employment or recruitment practices require modification; and
If so, a description of the changes made and the steps taken to modify those practices.

The letter then provided a list of the employment practices to provide information, including:

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