Yesterday, Acting Secretary of Labor Vince Micone today transmitted Secretary’s Order 03-2025 to all department employees, directing them to cease and desist all investigative and enforcement activity under the rescinded Executive Order 11246 and the regulations promulgated under it.

The order applies to all department employees, including the Office of Federal Contract Compliance Programs, the Office of Administrative Law Judges and the Administrative Review Board.

The department no longer has any authority under the rescinded Executive Order 11246 or its regulations.

Read Secretary’s Order 03-2025.

President Trump’s recent Executive Order has significant implications for federal contractors and workplace diversity efforts. Here are the key impacts:

Immediate Enforcement Changes

The US Department of Labor, through the Office of Federal Contract Compliance Programs (OFCCP), must immediately:

  • Cease promoting diversity initiatives
  • Stop holding federal contractors responsible for affirmative action plans
  • Discontinue enforcement of workforce balancing requirements based on race, color, sex, sexual preference, religion, or national origin

Contractor Compliance Requirements

Federal contractors now face new obligations:

  • Must certify they do not operate DEI programs that violate federal anti-discrimination laws
  • Have until April 21, 2025, to transition away from existing affirmative action plans
  • Will be subject to potential False Claims Act investigations for non-compliance

Broader Regulatory Context

While Executive Order 11246 has been rescinded, critical protections remain:

  • Nondiscrimination requirements under Title VII of the Civil Rights Act continue
  • Affirmative action obligations for disabled individuals and protected veterans remain in place
  • Existing federal anti-discrimination laws are still fully enforceable

Future Enforcement Outlook

The executive order signals a significant shift in federal policy, with potential broader implications:

  • The Attorney General will develop a strategic plan to target organizations with potentially “illegal” DEI practices
  • Federal agencies are directed to identify up to nine potential civil compliance investigations targeting large corporations, nonprofits, and educational institutions

The immediate implementation remains uncertain, and federal contractors are advised to consult legal counsel and closely monitor guidance from federal agencies.

Above photo: US Department of Labor by Shawn T Moore

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