Executive Summary

In the broad context of employment practices, the repeal of Executive Order 11246 has a limited effect on compliance obligations. The core federal and state laws that regulate pay and anti-discrimination remain unchanged, including risks associated with pay disparities and discriminatory employment practices. Organizations that overlook this reality may encounter unforeseen challenges. It is advisable to continue assessing pay equity and employment practices to stay informed about exposure at both the federal and state levels.

Questions & Answers

Kairos is proactively addressing questions received since the release of Executive Order (EO) 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity”. To ensure you stay informed, we are providing responses to frequent questions below.

1. What affirmative action plans (AAPs) and data are required in 2025?

• Section 503 of the Rehabilitation Act (Disability AAP) and Vietnam Era Veterans Readjustment and Assistance Act (VEVRAA) (Veteran AAP):
  • These will require the same data files (templates) you have submitted each year. Reference 41 CFR § 60-300.80 and § 60-741.80.
  • Preparing these plans still requires Kairos’ data cleanup, job groups, IWD goal & PV benchmark measurement and data reporting, outreach and recruitment, and full self-audit.

2. What analyses do you recommend I perform to certify compliance with the anti-discrimination certification requirement under Executive Order 14173, and to ensure compliance with other federal and state requirements??

• Pay Equity Analyses (all groups + intersectional groups)
  • Performed pursuant to the Equal Pay Act (EPA), Title VII of the Civil Rights Act (Title VII), and various state nondiscrimination and equal pay laws.
• Selection Disparity Analyses (all groups + intersectional groups + Disability + Veterans)
  • Performed pursuant to Title VII, the Americans with Disabilities Act (ADA), Section 503, VEVRAA, The Uniformed Services Employment and Reemployment Rights Act (USERRA), and various state nondiscrimination laws.

 3. What updates must I make to forms, training, and materials, and when should these updates be implemented to comply with Executive Order 14173?

• We are actively updating forms, materials, and training, though it is not required to implement these changes until April 21, 2025. Kairos will begin rolling out changes in the first week of April 2025. We are deferring updates to ensure we can incorporate the expected regulatory guidance in the near future.

If you are a state contractor or subcontractor, please contact Kairos regarding potential state-level affirmative action requirements.

Disclaimer: The information and advice provided in this publication is for informational purposes only and does not constitute legal advice. Any individual or organization should consult with a qualified professional before taking any action based on the abovementioned information. Professional advice tailored to your specific circumstances is recommended to ensure compliance and minimize risk.