UPDATE: As of January 20, 2021, Executive Order 13950 has been rescinded by President Joe Biden.

Questions are starting to surface about what a President Biden would mean for OFCCP and other regulatory agencies.  Though states have yet to certify votes and a number of lawsuits have been filed regarding the results of the presidential election, major news sources are anticipating a Biden presidency.  As with any presidential administration, there will be new priorities and new personnel at the executive agencies under a President Biden.

OFCCP is Unlikely to Change Course in the Short Term

A critical thing to keep in mind during the next number of months is this:

Regardless of the results of the election, OFCCP is unlikely to change direction on its major initiatives until a new head of the agency is appointed. 

Federal contractors and subcontractors should expect that currently scheduled compliance reviews will continue to move forward.  There will continue to be an emphasis at OFCCP on issues concerning individuals with disabilities and on disparities involving hiring or compensation. OFCCP has signaled that there will be additional emphasis on promotion and accommodation, even if focused reviews on these subjects do not move forward.

Changes at OFCCP Under a Biden Administration

In a Biden administration, there would be some early impacts on OFCCP.  For example, a Biden administration would withdraw Executive Order 13950, which has caused much recent controversy.  Additionally, several major initiatives proposed but not yet implemented by OFCCP, including the affirmative action program verification interface and proposed regulations regarding religious exemptions, may be put on hold.

A new Secretary of Labor and a new head of OFCCP would be likely to evaluate other recent OFCCP initiatives.  For example, there may be an examination of the number and type of focused reviews that the agency will conduct.  There also may be a close review of how potential compensation discrimination will be investigated.  There have been many new initiatives coming out of OFCCP in the last few years. A Biden administration would need to determine which of these initiatives should be implemented and which should be abandoned. Following in the footsteps of the Obama administration, a President Biden’s impact on OFCCP may be very significant. A President Biden may use the Department of Labor and OFCCP to forward a number of the new administration’s priorities.

As the election results are finalized, we will be watching to see what happens at the Department of Labor and OFCCP. We’ll be using our news site to keep you informed about changes that may impact federal contractors and subcontractors.