TakeawaysThe EEOC recently proposed rescinding its 1979 interpretive rule on voluntary affirmative action under Title VII.The existing guidance addresses when employers may adopt voluntary affirmative action plans and when they may rely on the EEOC’s interpretation as a defense under Title VII. The proposal appears to follow broader federal deregulatory activity and increased scrutiny of programs and initiatives related to protected characteristics.Related linksEEOC OIRA Proposal Submission (May 27, 2026)29 C.F.R. Part 1608Article
Articles Discussing General Topics in Affirmative Action
Announcing a New Chapter: The GovCon Employment Exchange
We are excited to share an important update with our readers. The Affirmative Action Law Advisor is evolving — and with that evolution comes a new name: the GovCon Employment Exchange. First and foremost, thank you. Your continued readership and engagement have made this blog a trusted resource for developments in affirmative action and OFCCP… Continue Reading…
We get Contracting: Episode 1 — Top Five Compliance Challenges for Government Contractors in 2026
Welcome to We get Contracting, a series about the employment and labor issues that matter most to federal contractors. In this inaugural episode, Government Contracts and Compliance Group co-leaders Scott Pechaitis and Jeremy Schneider present the top compliance challenges facing federal contractors — OFCCP uncertainty, increased fraud enforcement, new antidiscrimination certification requirements and major FAR clause reforms — and practical steps to overcome them.
Federal Agencies Roll Out AI Strategy Plans: Takeaways for Government Contractors
On April 3, 2025, the White House Office of Management and Budget (OMB) released two memoranda, M-25-21 and M-25-22, regarding federal agencies’ use and acquisition, respectively, of artificial intelligence (AI) systems. Among other strategies oriented towards the Trump administration’s priorities of driving AI innovation, M-25-21 and M-25-22 require “covered agencies”—“any
Employee Complaint Rights: Update on Executive Order 13496 Compliance
Executive Order (E.O.) 13496, signed on January 30, 2009, mandates that certain government contractors and subcontractors post notices informing their employees of their rights under federal labor laws. This executive order applies to all government contracts, except for collective bargaining agreements and contracts for purchases under the Simplified Acquisition Threshold.
New Executive Order on HBCUs Establishes Initiative to ‘Promote Excellence And Innovation’
On April 23, 2025, President Donald Trump issued an executive order (EO) that moved a long-standing presidential initiative focused on supporting Historically Black Colleges and Universities (HBCUs) from the U.S. Department of Education to the White House.
GSA Announces FAR Deviations Consistent with the Revocation of Executive Order 11246
On February 15, 2025, the director of the U.S.
Ready to Certify Your Affirmative Action Plans Before July 1, 2024?
Government contractors responsible for preparing affirmative action plans must certify that they’re actively developing and maintaining them. The deadline for this required certification is July 1, 2024.
Federal Contractors Can Soon Anticipate Rules on Pay Transparency and Salary History for Applicants and Employees
On December 4, 2023, the Federal Acquisition Regulation (FAR) Council submitted a proposed rule on “Pay Equity and Transparency in Federal Contracting” to the White House Office of Management and Budget (OMB) for approval. On January 11, 2024, OMB approved the proposal, thus clearing the way for the FAR Council
Anti-Affirmative Action Organization Challenges Race Considerations in Military Academy Admissions
Continuing its efforts questioning the constitutionality of the use of race in higher education admissions, Students for Fair Admissions (SFFA) has filed a lawsuit in the District of Maryland against the U.S. Naval Academy on October 5, 2023. The lawsuit was filed just months after the U.S. Supreme Court ruled unconstitutional similar programs on June 29, 2023.
What Employers Should Know About the Supreme Court’s Decision to End Affirmative Action in College Admissions
The Supreme Court’s Affirmative Action Ruling: 6 Takeaways for Government Contractors
How does the Supreme Court of the United States’ ban on affirmative action in higher education affect government contractors? In short—it doesn’t. Covered federal contractors and subcontractors must continue to comply with their regulatory obligations under Executive Order (EO) 11246, the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA), and Section
2023 Mid-Year Report: SCOTUS Decision on Affirmative Action
No matter the month or year, employers can count on one thing, changes in workplace law. Having reached the midway point of the year, 2023 does not look to be an exception.
Supreme Court Debates U.S. Government’s Race and Ethnicity Categories: What Employers Need to Know
On June 29, 2023, the Supreme Court of the United States struck down affirmative action in college admissions, leaving employers to wrestle with the implications of the decision for various diversity, equity, and inclusion initiatives. The decision also contained a robust debate over the government’s race and ethnicity categories, which
Initial Ripple Effects of U.S. Supreme Court Affirmative Action in Student Admissions Decision
In its decision holding the use of race in university and college admissions is unconstitutional in violation of the Equal Protection Clause of the Fourteenth Amendment, the U.S. Supreme Court noted that “[e]liminating racial discrimination means eliminating all of it.” Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, No. 20-1199, together with Students for Fair Admissions, Inc. v. Univ. of North Carolina, No. 21-707 (June 29, 2023).