The Secretary of Labor’s Order 08-2025 lifts the temporary pause (abeyance) on the Office of Federal Contract Compliance Programs’ (OFCCP) processing of Section 503 (Rehabilitation Act) and VEVRAA (Vietnam Era Veterans’ Readjustment Assistance Act) compliance reviews and complaint investigations. The revocation of Executive Order 11246 remains in effect, but obligations under Section 503 and VEVRAA continue. Below are clear action items and guidance for federal contractors in light of these changes.
Key Changes
- The OFCCP will resume processing Section 503 and VEVRAA complaints and investigations.
- Section 503 and VEVRAA obligations remain in effect; contractors must continue compliance.
- The AAP (Affirmative Action Program) certification period for Section 503 and VEVRAA remains closed for now.
- VAHBP providers remain under a moratorium for enforcement of affirmative obligations under Section 503 and VEVRAA until May 7, 2027, but must still comply with nondiscrimination requirements.
Action Items for Contractors
- Continue Compliance with Section 503 and VEVRAA
- Maintain and implement all required policies, plans, procedures, and recordkeeping for individuals with disabilities (Section 503) and protected veterans (VEVRAA).
- Ensure ongoing compliance with all nondiscrimination and affirmative action obligations under these laws and their implementing regulations.
- Review and Update Internal Processes
- Audit your current practices to ensure they align with Section 503 and VEVRAA requirements, as these remain enforceable.
- Update training and communication to staff regarding the continued obligations under these laws.
- Monitor for OFCCP Notifications
- Be prepared for the resumption of any Section 503 or VEVRAA complaint investigations that were paused during the abeyance.
- AAP Certification Requirement: Be Prepared
- While the AAP certification period for Section 503 and VEVRAA is currently closed, contractors must still have compliant written plans in place and be prepared to produce them if requested by enforcement agencies.
- VAHBP Providers: Understand the Moratorium
- If you are a VAHBP provider, you are exempt from affirmative action enforcement and neutral scheduling for Section 503 and VEVRAA compliance evaluations until May 7, 2027.
However, you must still comply with nondiscrimination obligations and may be subject to complaint investigations.
- Stay Informed on Regulatory Developments
- to the OutSolve newsletter to ensure you remain abreast of changes.
- Monitor official OFCCP communications for updates on compliance requirements and certification processes.
- Participate in and review legal updates to stay current on your obligations and best practices.
Additional Recommendations
- Consult OutSolve or other compliance experts for tailored advice, especially if you have unique circumstances or were on the November 2024 scheduling list.
- Communicate changes to relevant internal stakeholders to ensure organization-wide understanding and compliance.