On February 14, 2025, America First Legal sent a letter to the U.S. Department of Labor and the U.S. Office of Federal Contract Compliance Programs (“OFCCP”) requesting that they conduct “investigations of open and notorious prohibited discrimination” at more than eight named federal contractors. America First Legal was founded by Stephen Miller, who is currently the White House Deputy Chief of Staff for Policy and Homeland Security Advisor.
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The America First Legal letter states that it has “identified prohibited discrimination in over eight Federal contractors, largely based on the contractors’ own public statements and representations that the implementing policies designed to alter, or ‘balance’ the race, color, sex, and national origin of its workers. These programs often involve a contractor treating employees or applicants differently based on these immutable characteristics.” The letter further asserts that such practices “contradict[] Federal constitutional and statutory guarantees of individual opportunity and violate[] the equal opportunity terms of all Federal contracts,” and requests that the agencies “not hesitate to enforce existing Federal regulations and [President Trump’s January 21, 2025] executive order to ensure an immediate end to discrimination in Federal contracting.” Notably, the letter cites OFCCP regulations that are based on Executive Order 11246, which President Trump rescinded in his January 21, 2025 executive order (previously discussed here). The January 21, 2025 executive order allows federal contractors to “continue to comply with the regulatory scheme in effect” under Executive Order 11246 for 90 days, and America First Legal asserted that the regulations thereunder “are presently enforceable.”
Employers should continue to closely monitor the changing political and legal landscape in this area.