CWC Urges OFCCP To Revisit Administrative Enforcement Regime

October 1, 2025

What's New

CWC has submitted two comment letters to the Office of Federal Contract Compliance Programs (OFCCP) in response to its proposals to (1) rescind its regulations that implemented and interpreted Executive Order (E.O.) 11246 and (2) transfer any remaining regulations needed to enforce the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) to 41 C.F.R. Part 60-300.

While our comments do not address the policy choices underlying the rescission of E.O. 11246, we acknowledge that the regulations in question were already without legal effect and thus support their rescission insofar as it would provide clarity to contractors.

At the same time, we recommend that the Department of Labor (DOL) initiate a separate rulemaking to address the suitability of the agency’s administrative enforcement regime. CWC’s comments note that recent administrative law decisions – in cases such as SEC v. Jarkesy, ABM Industry Groups, LLC v. DOL, and Sun Valley Orchards, LLC v. DOL – cast significant doubt on whether the procedures in question can survive Constitutional scrutiny.

What It Means

OFCCP will analyze the comments submitted by CWC – along with comments filed by individuals, advocacy groups, and employer groups – and weigh them before publishing a final rule. In the meantime, all VEVRAA requirements remain intact.

What You Should Do

We continue to encourage CWC members’ feedback on OFCCP’s proposals. The agency is still soliciting comments on how the proposed elimination of the Voluntary Self‐Identification of Disability Form (Form CC-305) may affect federal contractors. CWC intends to file Form CC-305 comments by the October 24 deadline.

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