18. Department of Labor and Related Agencies · Notable

Sign an executive order forbidding OFCCP use of disparate impact

Partially done

Printed page 583 18. Department of Labor and Related Agencies

“Sign an executive order explicitly forbidding OFCCP from using disparate impact in its analysis.”

What has happened

Aug 21, 2026 Partially done
OFCCP's Executive Order 11246 regulations at 41 CFR chapter 60 — the ones carrying the adverse-impact analysis, the impact-ratio tests and the compensation analyzes — were rescinded by final rule, effective 2026-10-26. The agency's remaining Section 503 and VEVRAA regulations were amended the same day. The object the Quote targets is largely gone, achieved by rescission rather than by the executive order it asked for.
- DOL/OFCCP final rule: Rescission of Executive Order 11246 Implementing Regulations (effective 2026-10-26)
  Primary Executive branch Aug 21, 2026
- DOL/OFCCP final rule: Modifications to the Regulations Implementing Section 503 of the Rehabilitation Act of 1973
  Primary Executive branch Aug 21, 2026
Apr 23, 2025 Attempted
Executive Order 14281 section 4 ordered all agencies — OFCCP among them, unnamed — to deprioritize enforcement of every statute and regulation to the extent it includes disparate-impact liability, expressly including 42 U.S.C. 2000e-2. A government-wide direction rather than the OFCCP-specific order the Quote asks for.
- Executive Order 14281 — Restoring Equality of Opportunity and Meritocracy (section 4: all agencies shall deprioritize enforcement of statutes and regulations to the extent they include disparate-impact liability)
  Primary Executive branch Apr 23, 2025
Jan 21, 2025 Attempted
No executive order names OFCCP and disparate impact together. Executive Order 14173 section 3(b)(ii) instead ordered OFCCP to "immediately cease" promoting diversity, holding contractors to affirmative-action requirements, and allowing workforce balancing — which removed the mandate under which OFCCP ran its disparate-impact analyzes, without saying so.
- Executive Order 14173 — Ending Illegal Discrimination and Restoring Merit-Based Opportunity (section 3(b)(ii): OFCCP shall immediately cease promoting diversity and holding contractors to affirmative-action requirements)
  Primary Executive branch Jan 21, 2025

Research log

What was searched, and what didn’t count as evidence

Research notes

Achieved by other means (playbook §3): the object — OFCCP’s use of disparate impact — has been removed by an order to cease enforcing, a government-wide deprioritization and the rescission of the regulations that embodied it. What has not happened is the thing the Quote actually names, an executive order that forbids OFCCP by name from using disparate impact. Hence partial.
Federal Register full-text search, conditions[term]="Executive Order 14063" and the OFCCP agency slug, returns no order or rule naming OFCCP and disparate impact together.
The fate of the office itself is #1598’s ask (partial); this item is about one analytical method, not about the office.

Action: issue
Object: Executive order barring OFCCP disparate impact analysis
ID: 1597