As the sun sets on Executive Order 11246, a landmark directive that shaped affirmative action compliance for nearly 60 years, a new chapter in civil rights enforcement begins. Executive Order 14173, signed early in 2025, represents a fundamental shift—from mandate-driven affirmative action for women and minorities to a universal, merit-based approach to nondiscrimination for all workers.
But what does this mean in practice for federal contractors, employers, and champions of workplace equity?
Join the Conversation: A Timely Panel of Former OFCCP and EEOC Leaders
Next week on August 6, 2025, at 10:30 AM PST, our firm will host an exclusive panel featuring former senior officials from the OFCCP and EEOC. These experts will unpack the legal, operational, and cultural implications of EO 14173—equipping HR, legal, and compliance leaders with the insights needed to confidently navigate this evolving regulatory landscape.
The End of EO 11246 – Not the End of Civil Rights Oversight
First issued in 1965, EO 11246 required federal contractors to take affirmative steps—through formal Affirmative Action Programs (AAPs)—for women and minorities. Its revocation under EO 14173 marks a pivotal turning point, but it does not end civil rights enforcement.
Instead, EO 14173 refocuses federal oversight on long-standing anti-discrimination laws, including:
- Title VII of the Civil Rights Act
- Section 503 of the Rehabilitation Act
- The Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
This shift moves from process-oriented mandates to outcome-based compliance grounded in fairness, accountability, and data.
What EO 14173 Requires
Executive Order 14173 moves compliance into a modernized, analytics-driven framework. Its central themes include:
- Annual certification of compliance with anti-discrimination laws
- Workforce analytics to detect potential discrimination in hiring, pay, promotions, and other employment actions
- Mandatory recordkeeping and internal assessments of employment decisions
- Clear prohibition of quotas or targets not based on merit, performance, or job-related qualifications
- Inter-agency collaboration, especially between the EEOC and DOJ to ensure cohesive enforcement
Revoking EO 11246: What’s Lost—and What’s Gained?
While EO 11246 played a historic role in dismantling barriers for underrepresented groups, its repeal eliminates the formal obligation for federal contractors to maintain AAPs for women and minorities. For some, this feels like a step backward in the equity movement.
However, others see EO 14173 as a chance to build a more inclusive and sustainable framework—one that rewards organizations not for checking boxes, but for delivering real results in equitable employment outcomes.
What Employers Should Do Now
This transition doesn’t mean employers should pause their efforts, it means they must evolve. To prepare for what’s next:
- Conduct internal audits of pay equity, hiring, and promotion data
- Document employment decisions with clarity and consistency
- Avoid reliance on demographic targets; instead, use inclusive practices grounded in job-related merit
- Monitor agency updates as enforcement protocols and guidance continue to unfold
Those who act now will be better positioned to comply and to lead.
Looking Ahead
Our upcoming panel will offer a rare opportunity to hear directly from those who helped shape the nation’s civil rights policies. Attendees will learn:
- How to prepare for certification requirement under EO 14173
- What new enforcement tactics federal agencies may use
- How to realign compliance strategies to remain both legal and equitable
- Why data-driven DEI is essential—and how to build it the right way
Final Thoughts
EO 14173 marks not the end of civil rights in the workplace, but its evolution. The burden of proof has shifted and so has the definition of leadership. Employers who embrace this change with clarity, competence, and conviction will not only remain compliant, they will emerge as champions of a more just, data-informed workforce.
If you’re ready to strengthen your compliance and equity efforts, we’re here to help. Contact us today to learn how we can support your EEO and non-discrimination goals.