OFCCP Backs Down On E.O. 13950

Constangy, Brooks, Smith & Prophete, LLP
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In response to the nationwide injunction issued December 22.

As previously reported, a federal judge in California handed down a nationwide preliminary injunction that prohibits enforcement of Executive Order 13950 with respect to federal contractors. The Office of Federal Contract Compliance Programs has posted a Notice explaining the effect of the court order.

The Notice outlines the following actions (or inactions) that the OFCCP has undertaken to comply with the injunction. The OFCCP states that it will

  • Stop accepting hotline complaints regarding non-compliance with Executive Order 13950.
  • Stop investigating alleged non-compliance with Executive Order 13950 and hold in abeyance any complaints already received.
  • Refrain from taking enforcement action for non-compliance with Executive Order 13950.
  • Stop publishing further Requests for Information seeking information or materials regarding diversity training provided to contractors’ employees.
  • Refrain from enforcing Executive Order 13950 to the extent it has already been included in government contracts or subcontracts.
  • Stop requiring contractors to provide notice of Executive Order 13950 to labor unions or employee representatives.
  • Stop requiring contractors to include Section 4 of Executive Order 13950 in subcontracts and purchase orders.

The Notice confirms that the OFCCP will comply with the preliminary injunction and will not be enforcing any aspect of Executive Order 13950 at this time. Given the probability that President-elect Biden will rescind this Executive Order altogether in early 2021, this is one issue that contractors can probably cross off their “to do” lists (at least for now).

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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