The acting secretary of labor issued a new directive aimed at federal contractors last week that could put them in an impossible situation as they try to navigate new DE&I rules, one lawyer told HR Brew.
In an effort to comply with a Trump executive order aimed at ending DE&I initiatives, Vincent Micone’s Jan. 24 directive immediately ended all “investigative and enforcement activity” that was previously required as part of the Equal Employment Opportunity (EEO) order 11246. Regulations enacted under the order and pending cases were thrown out. It also essentially nullified the Office of Federal Contract Compliance Programs (OFCCP), which ensured federal contractors’ compliance with the law.
Background on the EEO. The order was signed by President Lyndon B. Johnson in 1965, and said that federal contractors could not discriminate against applicants or employees based on their race, gender, or religious affiliation, or inquiries about compensation. Federal contractors were also required to file compliance reports detailing employment statistics, policies, and hiring programs. Employers that did not comply risked losing their federal contracts. The secretary of labor was required to notify the EEOC in the event of a potential violation of the Civil Rights Act of 1964.
Implications of the directive. Nisha Verma, a partner in the labor and employment practice at the law firm Dorsey & Whitney, told HR Brew that Trump’s executive order and the DOL’s directive puts HR leaders at federal contractors in a difficult position. Any DE&I initiatives contractors were pursuing two weeks ago to comply with the previous law could now be in violation of new regulations.
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