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Federal Contractors in Construction and New EO Targeting Diversity Requirements: Contractual Obligations, Enforcement

Revocation of Executive Order 11246; Impact on Current and Future Obligations; Regulatory Effect

A live 90-minute CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Tuesday, April 15, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

This CLE webinar will examine the impact the recently issued Executive Order 14173, "Ending Illegal Discrimination and Restoring Merit-Based Opportunity" (EO 14173), will have on federal contractors, many of whom are in the construction industry. The panel will address how federal contractors may satisfy current contractual obligations, create revised contractual provisions to reflect the new EO's requirements, and navigate a rapidly evolving regulatory regime to mitigate the risk of enforcement action.

Description

The Trump administration's recently issued EO 14173 rescinds a number of prior executive orders related to affirmative action and equal opportunity employment. Importantly for the construction industry, which is heavily involved in federal government contracting, it rescinds Executive Order 11246 (EO 11246), issued by President Johnson in September 1965, which prohibited federal contractors from engaging in employment discrimination and incorporated civil rights into the government contracting process. The requirements of EO 11246 were implemented contractually through the Federal Acquisition Regulation (FAR) and enforced by DOL's Office of Federal Contract Compliance Programs (OFCCP).

EO 14173 provides a 90-day grace period for federal contractors to continue to comply with the regulatory scheme that was in place on Jan. 20, 2025. However, it directs the OFCCP to immediately cease: (1) promoting diversity; (2) holding federal contractors and subcontractors responsible for taking affirmative action; and (3) allowing or encouraging federal contractors and subcontractors to engage in workforce balancing based on race, color, sex, sexual preference, religion, or national origin.

Counsel should understand what impact EO 14173 may have on their federal contractor construction clients including how to satisfy current contractual obligations, revise contract provisions to meet new requirements, and navigate what could be conflicting legal obligations where EO 14173's requirements may be at odds with federal and state antidiscrimination laws. Counsel should also understand the impact the new EO may have on agency enforcement activity.

Listen as our expert counsel examines EO 14173 and its impact on federal contractors with a focus on those in the construction industry. The panel will address how federal contractors should move forward under the uncertainty of this evolving regulatory landscape.

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Outline

  1. Introduction
    1. History of EO 11246
  2. EO 14173
    1. Purpose
    2. Requirements
  3. Regulatory and agency impact
    1. OFCCP
    2. FAR
    3. Others
  4. Effect on federal contractors and subs
    1. Contracts
    2. DEI initiatives
    3. Interaction with other nondiscrimination laws
  5. Enforcement
  6. Best practices to mitigate risk of enforcement action

Benefits

The panel will review these and other key considerations:

  • What are EO 14173's requirements for federal contractors including those in the construction industry?
  • What impact will the rescission of EO 11246 have on federal contractors?
  • How does the new EO impact contractual provisions to be included in agreements?
  • How should federal contractors move forward with current contractual obligations that incorporate language that was previously required under EO 11246?
  • How may the new EO affect agency enforcement action?

Faculty

Epperson, Morgan Pike
Morgan Pike Epperson

Attorney
Ogletree, Deakins, Nash, Smoak & Stewart

Ms. Epperson relies on her background in human resources, the hospitality industry, and employment litigation to offer...  |  Read More

Taylormoore, Melissa
Melissa Taylormoore

Partner, Global Head U.S. Government Contracts Practice
White & Case

With more than 15 years of experience, Ms. Taylormoore advises clients on the full spectrum of issues related to doing...  |  Read More

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You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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