Executive Order 11246 Rescinded: Disability and Veteran Regulations Remain Enforceable by OFCCP
Today, the White House released a new executive order titled Ending Illegal Discrimination and Restoring Merit-Based Opportunity. While this executive order signals significant changes, including the rescission of Executive Order 11246, it currently allows federal contractors to continue preparing affirmative action plans under the guidelines of Executive Order 11246 for the time being. We are closely monitoring this development and will provide updates as additional details and guidance are released. With the rescission of Executive Order 11246, we want to assure you that critical areas of affirmative action compliance remain enforceable, and Kairos continues to support your compliance needs. Federal Regulations pursuant to Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment and Assistance Act (VEVRAA) continue to be actively enforced by the OFCCP, requiring the preparation of annual affirmative action plans, data collection, and analyses for individuals with disabilities and protected veterans.
What Does This Mean for Your Company?
- Federal contractors are still required to prepare and maintain affirmative action plans for disability and veteran regulations. These requirements include but are not limited to data collection, self-audits, training, and the preparation of benchmark and utilization analyses on an annual basis. Audits of reasonable accommodation records, policies, and practices will continue to be assessed, as well as all outreach, posting and notification practices, and other requirements necessary to comply with the disability and veteran regulations.
- EEO-1 Reporting, Vets-4212 Reporting, and state-level reporting requirements remain mandatory, along with the OFCCP Contractor Portal obligations. If Kairos is not already preparing these reports for your company, please let us know so we can add this service to your compliance program.
Our Expanded Support for EEOC Compliance
Kairos goes beyond affirmative action obligations, providing insights and resources to comply with regulations enforced by the EEOC. These include:
- TITLE VII OF THE CIVIL RIGHTS ACT OF 1964 (TITLE VII), which makes it illegal to discriminate against a person on the basis of race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), or national origin.
- THE EQUAL PAY ACT OF 1963, which makes it illegal to pay different wages to men and women if they perform equal work in the same workplace.
- THE AMERICANS WITH DISABILITIES ACT OF 1990 (ADA), which makes it illegal to discriminate against a person with a disability in private companies and state and local governments.
Why Kairos?
We remain committed to supporting your compliance efforts with actionable insights, comprehensive analyses, and resources tailored to meet federal and state requirements. Our tools not only ensure compliance but also help foster a culture of equal opportunity within your organization. If you have questions about these updates or the compliance enhancements detailed below, please contact your favorite Kairos representative. We are here to help.
The Office of Federal Contract Compliance Programs (OFCCP) Contractor Portal Certification is an annual requirement for federal contractors and subcontractors who are subject to nondiscrimination requirements and responsible for developing written affirmative action plans. The certification process requires contractors to log into the OFCCP’s secure online portal and certify that they have developed written affirmative action plan(s) and are in compliance with the regulations by June 29, 2023.
Contractors who neglect to certify by the June 29 deadline may face a higher likelihood of appearing on the OFCCP’s audit scheduling list, which some would consider unappealing scrutiny. Starting in January 2023, OFCCP began targeting companies that failed to certify in 2022.
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