Quick Hits

• Catherine Eschbach has been named director of OFCCP to “oversee its transition to its new scope of mission.”
• OFCCP will enforce EO 14173’s revocation of EO 11246, Eschbach said, stating that EO 11246 “had facilitated federal contractors adopting [diversity, equity, and inclusion (DEI)] practices out of step with the requirements” of civil rights laws.
• Contractors must unwind their EO 11246 compliance within ninety days of the issuance of EO 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”).

In her statement, Eschbach emphasized the administration’s policy shift: “I’m honored to serve as director of the OFCCP under the Trump Administration and oversee its transition to its new scope of mission.”

“President Trump made clear in his executive order on eliminating DEI that EO 11246 had facilitated federal contractors adopting DEI practices out of step with the requirements of our Nation’s civil rights laws and that, with the recission of EO 11246, the President mandates federal contractors wind those practices down within 90 days,” Eschbach said.

The new directive reflects a broader reorientation of OFCCP’s role. Eschbach stated that she was committed to “carrying out President Trump’s executive orders, which will restore a merit-based system to provide all workers with equal opportunity.”

Prior to her appointment, Eschbach worked for six years in Morgan, Lewis & Bockius LLP’s appellate group, focusing on complex constitutional, statutory, and administrative law issues. In that role, she worked to limit the government’s reach, “including issues affecting OFCCP.”

It is unclear if OFCCP still has authority to review DEI activities of federal contractors after the rescission of EO 11246. Federal contractors may want to review their DEI initiatives, EO 11246 affirmative action programs, and broader compliance strategies in light of this leadership change and shifting enforcement priorities.