Labor & Employment Law Daily Wrap Up, EXPERT INSIGHTS—OFCCP proposes changes to employment discrimination complaint forms, (Jul 10, 2025)
Law Firms Mentioned:Ogletree Deakins
Organizations Mentioned:Office of Federal Contract Compliance Programs | Ogletree Deakins Nash Smoak & Stewart, PC | U.S. Department of Labor
By T. Scott Kelly of Ogletree, Deakins, Nash, Smoak & Stewart
The U.S. Department of Labor's (DOL) Office of Federal Contract Compliance Programs (OFCCP) is slated to publish, on July 7, 2025, an information collection request seeking comments relating to complaints involving employment discrimination by federal contractors or subcontractors.
Quick Hits
OFCCP is seeking comments on changes to the complaint form for employment discrimination by federal contractors and subcontractors.
The proposed changes are requested to update the complaint form to comport with changes brought by Executive Order 14173.
OFCCP is seeking approval to revise the Complaint of Employment Discrimination Involving a Federal Contractor or Subcontractor form (CC-4) and the Pre-Complaint Inquiry for Employment Discrimination Involving a Federal Contractor or Subcontractor form (CC-390) to remove items related to Executive Order (EO) 11246. Because of EO 14173, applicants and employees of federal contractors and subcontractors, authorized representatives, or third parties may file complaints of employment discrimination with OFCCP pursuant to Section 503 of the Rehabilitation Act of 1973 or the Vietnam Era Veterans' Readjustment Assistance Act (VEVRAA) but may no longer file complaints with OFCCP pursuant to EO 11246. OFCCP contends the revisions are necessary to align with the current regulatory framework and to fulfill OFCCP's responsibilities under Section 503 and VEVRAA.
These proposed changes are on the heels of OFCCP's announcement that the DOL Secretary's Order 08-2025 directed it to continue processing previously filed and new Section 503 and VEVRAA complaints and the agency's publication of proposed changes to the regulatory schemes of Section 503 and VEVRAA, as well as OFCCP's rescinding of the implementing regulations under EO 11246.
Next Steps
The proposed regulations are set to be published in the Federal Register on July 7, 2025. The DOL will receive comments on the proposed changes until September 5, 2025, or sixty days after publication. In the meantime, the current complaint forms remain in effect.
Employers may want to review how the proposed information collection request could impact them and consider filing comments before the deadline.
For more information, please join us for our upcoming webinar, "The Latest OFCCP News: Proposed Rule Changes as Potential Agency Exit Looms," which will take place on Wednesday, July 9, 2025, from 2:00 p.m. to 3:00 p.m. EDT. The speakers, Lauren B. Hicks, T. Scott Kelly, and Christopher J. Near, will review the latest changes and what they mean for covered contractors, as well as best practices for continued compliance efforts under EO 14173, Section 503, and VEVRAA. Register here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
T. Scott Kelly
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