Go to Wolters Kluwer VitalLaw.comGo to Wolters Kluwer VitalLaw.com
VitalLaw®
  • Find answers to your questions
  • Log in to access your subscriptions
In depth. On point.
In depth. On point.
  • Home
  • Legal Directory
  • Home
  • Legal Directory
In depth. On point.
  • Articles
    • Articles
  • Law Firms
    • Law Firms
  • Organizations
    • Organizations
    • INDIVIDUAL RIGHTS—9th Cir.: Former police chief’s text messages, including racist memes, were not protected speech
    • ATTORNEYS’ FEES—Cal. App.: Employee improperly granted attorneys’ fees despite lack of success on whistleblower claim
    • COVERAGE, LIABILITY—6th Cir.: Former Christian academy principal’s discrimination claims barred by ministerial exception
    • DISCRIMINATION—N.D. Ill.: Railroad defeats discrimination and retaliation suit brought by locomotive engineer
    • DISCRIMINATION—RACE—S.D.N.Y.: Golden Corral awarded dismissal of former franchisee’s discrimination claim
    • DOL NEWS—Employment and Training Administration announces new guidance regarding immigrant access to certain resources and grants
    • EMPLOYEE LEAVE—3rd Cir.: Bus driver with sickle cell anemia fired over absenteeism gets FMLA claims revived
    • EXPERT INSIGHTS—OFCCP proposes changes to employment discrimination complaint forms
    • EXPERT INSIGHTS—Secretary of Labor issues order detailing next steps for OFCCP enforcement
    • FEDERAL REGULATIONS—DOL proposes to rescind regulations requiring Federal contractors to invite applicants and employees to self-identify as disabled
    • FEDERAL REGULATIONS—Labor department proposes to rescind regulations related to E.O. 11246
    • FEDERAL REGULATIONS—OSHA proposes to amend general duty clause to exclude certain hazards from enforcement
    • TORT CLAIMS—S.D.N.Y.: Convicted sexual offender who allegedly secured job by lying about his birth year will face employer’s fraud claim
    • WAGE-HOUR—CLASS ACTIONS—Other litigation developments
  • Articles
    • Articles
  • Law Firms
    • Law Firms
  • Organizations
    • Organizations

    Labor & Employment Law Daily Wrap Up, EXPERT INSIGHTS—Secretary of Labor issues order detailing next steps for OFCCP enforcement, (Jul 10, 2025)

    Law Firms Mentioned:Proskauer Rose
    Organizations Mentioned:Proskauer Rose, LLP

    By Guy Brenner and Olympia Karageorgiou of Proskauer Rose LLP

    On July 7, 2025, Secretary of Labor Lori Chavez-DeRemer issued Order 08-2025 (the "Order") impacting OFCCP's enforcement of Section 503 of the Rehabilitation Act ("Section 503") and the Vietnam Era Veterans' Readjustment Assistance Act ("VEVRAA"). He ...

    By Guy Brenner and Olympia Karageorgiou of Proskauer Rose LLP

    On July 7, 2025, Secretary of Labor Lori Chavez-DeRemer issued Order 08-2025 (the "Order") impacting OFCCP's enforcement of Section 503 of the Rehabilitation Act ("Section 503") and the Vietnam Era Veterans' Readjustment Assistance Act ("VEVRAA"). Here is what you need to know about this development, based on the OFCCP's bulletin detailing the Order (the "Bulletin").

    Key Aspects of the Order

    • OFCCP is now authorized "to resume activity under the Section 503 and VEVRAA program areas," which had been paused since January 24, 2025. This includes "immediately resum[ing]" processing of "[a]ny Section 503 and VEVRAA complaints held during the abeyance."

    • OFCCP will "administratively close all pending compliance reviews."

    • OFCCP will "take no further action related to the scheduling list released in November 2024."

    • The Affirmative Action Program ("AAP") certification portal for Section 503 and VEVRAA remains closed for now, but contractors are "reminded … that Section 503 and VEVRAA, along with their implementing regulations, remain in effect and contractors should continue to otherwise comply with their obligations under the Section 503 and VEVRAA regulatory schemes."

    • The enforcement moratorium for Veterans Affairs Health Benefits Program ("VAHBP") providers is extended through May 7, 2027.

    Key Takeaways

    Contractors with open audits or who were on the last Corporate Scheduling Announcement List can breathe a little easier, knowing that their audits will not resume or commence. Further, it appears that OFCCP is working to "disentangle" now-rescinded Executive Order 11246 requirements from its Section 503 and VEVRAA enforcement processes, and will resume non-individual complaint-based enforcement efforts once that process is concluded. When that will be, and what it will look like given headcount reductions and the proposed restructuring of OFCCP's responsibilities, are difficult to predict at this time. But the Bulletin, and the recent letter OFCCP Director Eschbach sent to contractors, makes clear OFCCP is continuing to function and contractors need to stay tuned for developments.

    Additional Detail

    On January 21, 2025, President Trump's Executive Order ("E.O.") 14173 rescinded E.O. 11246, which had required federal contractors to take affirmative action on basis of race and sex. In response, then-Acting Secretary Vincent Micone issued Secretary's Order 03-2025, which directed OFCCP to cease all E.O. 11246 enforcement activity and pause all activity related to Section 503 and VEVRAA.

    With the new Order, the pause on Section 503 and VEVRAA enforcement has been lifted. OFCCP will now resume processing all Section 503 and VEVRAA complaints, including those that had been held in abeyance. However, because "OFCCP's compliance review format significantly entangled E.O. 11246 reviews with reviews of Section 503 and/or VEVRAA compliance," OFCCP "will be exercising its discretion to administratively close" all open reviews. Contractors under review will receive formal notification of this closure.

    The Bulletin also shares that OFCCP "continues to work to revise its processes and systems to reflect changes to OFCCP's scope of mission and authority with the revocation of E.O. 11246." As a result, the "OFCCP … AAP certification period [sic, portal] for Section 503 and VEVRAA will remain closed." Even so, the Bulletin reminds contractors that "Section 503 and VEVRAA, along with their implementing regulations, remain in effect and contractors should continue to otherwise comply with their obligations under the Section 503 and VEVRAA regulatory schemes."

    Additionally, the VAHBP enforcement moratorium has been renewed through May 7, 2027. This means VAHBP providers are exempt "from enforcement of their affirmative obligations under Section 503 and VEVRAA or being neutrally scheduled for Section 503 and VEVRAA compliance evaluations" until that date, but they remain subject to "nondiscrimination obligations" and "discrimination complaint investigations under the laws enforced by OFCCP."

    Secretary Of Labor Issues Order Detailing Next Steps For OFCCP Enforcement

    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.

    Guy Brenner and Olympia Karageorgiou

    Proskauer Rose LLP

    Eleven Times Square

    (Eighth Avenue & 41st Street)

    New York10036-8299

    United States

    Tel.: +1 212 9693000

    E-mail: gpolk@proskauer.com

    URL: www.proskauer.com/

    (c) Mondaq Ltd, 2025 - Tel. +44 (0)20 8544 8300 - http://www.mondaq.com

    Attorneys: (Proskauer Rose).

    ExpertInsights: ExpertInsights PracticeTip AgencyNews GovernmentContracts DisabilityDiscrimination USERRAVeterans

    © 2026 CCH Incorporated and its affiliates and licensors. All rights reserved.

    • Manage Cookie Preferences
    • Privacy Statement
    • Terms of Use