VERIFY BEFORE YOU CERTIFY” — 3-MINUTE BRIEF, PART 1 OF 4
A quick-read series on how federal contractors certify nondiscrimination today. This brief: what changed, and why.
Federal contractors don’t certify nondiscrimination through a single document anymore. As of 2026, compliance runs through three separate layers — and this series breaks down exactly what each one requires, in four short briefs.
What Changed — and Why There Are Now Three Layers
For nearly 60 years, federal contractor nondiscrimination compliance ran through Executive Order 11246 (1965): contractors with 50+ employees and contracts over $50,000 maintained written Affirmative Action Programs (AAPs) with numeric hiring goals for women and minorities, subject to OFCCP audit.
On January 21, 2025, Executive Order 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” revoked EO 11246 outright. Agencies stopped enforcing the old AAP goals framework, and FAR clauses tied to EO 11246 were removed from contracts. In its place, EO 14173 introduced something new: rather than requiring a plan with numeric goals, it required contractors to make a legal certification — and tied that certification directly to the False Claims Act.
On March 26, 2026, Executive Order 14398, “Addressing DEI Discrimination by Federal Contractors,” went further — adding a specific, standardized contract clause targeting race-based DEI activities, with its own reporting and subcontractor flow-down requirements. This is the clause behind the enforcement actions now reaching companies like IBM and Deloitte.
Next: Part 2 — The Three Certification Layers Every Federal Contractor Must Know
This brief reflects publicly available regulatory information as of August 2026 and is provided for informational purposes only. Executive Orders 14173 and 14398 remain subject to ongoing litigation and rulemaking, and requirements may change. This does not constitute legal advice. Contractors should consult qualified counsel regarding their specific certification obligations.
At HR Unlimited Inc., we help federal contractors and employers navigate complex compliance requirements while building stronger, more inclusive workplaces. If you’re ready to strengthen your compliance and equity efforts, contact us today to learn how we can support your EEO and non-discrimination goals.