Affirmative Action Rules Overhaul: Here’s What Survived

If your business holds federal contracts, your affirmative action obligations are about to change significantly. The Office of Federal Contractor Compliance Programs (OFCCP) has published three Final Rules that scale back key compliance requirements, all effective September 21, 2026. Here is what you need to know:

• Gone: The EO 11246 Framework 
  • The most significant change rescinds the regulations implementing Executive Order 11246. For decades, those rules required covered contractors to take affirmative action based on race, color, religion, national origin, sex, sexual orientation, and gender identity. That specific obligation is going away, aligning federal contractor requirements with the current administration’s approach.  
• Gone: Several Disability Data Requirements
  • You will no longer be required to invite applicants and employees to self-identify their disability status, collect disability-related data, or measure disability representation against the old 7% utilization goal.
  • Instead, the Final Rule directs contractors toward efforts that do not depend on knowing an applicant’s or employee’s disability status. Think skills-based barrier analysis and remediation, outreach partnerships with disability employment organizations, and a stronger focus on accessibility throughout hiring. 

Still Here: More Than You Might Think 

Do not clear your compliance calendar just yet. Affirmative action obligations for protected veterans under VEVRAA and for individuals with disabilities under Section 503 remain fully in place. And none of this touches your core obligations under Title VII, the ADA, and other anti-discrimination laws. Those still apply, in full. 

Do Now: Review Before You Revise 

Less paperwork is not the same as less liability. Before September 21, review your applicant processes, data practices, and policies so you scale back only what the rules actually permit. Contact us and we will help you adjust with confidence. 

Disclaimer: This content is for informational purposes only and does not constitute legal advice or create an attorney-client relationship. Employment laws vary significantly by state and circumstance. Please contact our office regarding your specific situation.