OFCCP Is Fully Funded for 2026: Part 2 – What Federal Contractors Should Do Now: Best Practices, Liabilities, and How to Avoid Risk in 2026

Even if OFCCP remains quieter than in past years, federal contractors should not interpret that as a compliance “pause.” In 2026, the smartest strategy is quiet preparation. Contractors should assume: compliance obligations still exist enforcement can resume quickly data and transparency will drive scrutiny complaints and whistleblowers will trigger investigations The Liability Federal Contractors Can…
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OFCCP Is Fully Funded for 2026: Part 1 – What Federal Contractors Should Expect Next

For much of 2025 and early 2026, federal contractors have watched the Office of Federal Contract Compliance Programs (OFCCP) become unusually quiet. Compliance reviews stopped. Enforcement activity nearly disappeared. The contractor portal was shut down, and the agency’s future was publicly questioned. That is why the most recent appropriations news is significant: OFCCP has now…
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What Federal Contractors and Private Employers Should Do Now: Part II

In light of DOJ’s stated priorities, federal contractors and private employers (100 or more employees) should take proactive steps to mitigate FCA exposure tied to discrimination risks. Conduct a Privileged Internal Review Review hiring, promotion, compensation, mentorship, and training programs under attorney-client privilege to assess whether any practices could be interpreted as steering decisions based…
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Part II: Practical Compliance Roadmap and Strategic Outlook

To remain compliant and competitive under EO 14173, federal contractors should take immediate steps to realign their policies, data practices, and contracting procedures with the new merit-based framework. The first step is to map your organization’s federal exposure. Identify all contracts, subcontracts, and grants, both prime and sub, with federal agencies, including any flow-down obligations….
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Part I: The New Compliance Landscape Under EO 14173

In her recent remarks, former OFCCP Director Catherine Eschbach emphasized that the compliance environment for federal contractors is undergoing a profound transformation under Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” She explained that this order establishes a “whole-of-government approach” to identifying and eliminating unlawful DEI practices, meaning that oversight will no longer…
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