Changes to federal affirmative action requirements have created questions for many federal contractors regarding their ongoing compliance obligations. While Executive Order 11246 has been revoked, it is important to understand that this action did not impact either Section 503 of the Rehabilitation Act or the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA).
Both Section 503 and VEVRAA are federal statutes enacted by Congress, not executive orders, and they remain fully enforceable regardless of changes in presidential administrations. Although the Office of Federal Contract Compliance Programs (OFCCP) has not initiated new compliance audits under these programs, the agency continues to investigate discrimination complaints and enforce contractor obligations.
With these requirements in full effect, it is important for contractors to stay up to date with the requirements. Below are some recent updates to be aware of.
As you likely know, one of the requirements under Section 503 is the requirement to offer applicants and employees the opportunity to voluntarily provide their disability status to employers. OFCCP requires that employers use a specific form – the Form CC-305 – to collect this information.
While you may have noticed the expiration date on the current OMB approved CC-305 form expired on April 30, 2026, there have been no changes to contractor’s requirements to solicit disability status from applicants pre- and post-offer, as well as resurvey their workforce every 5 years, and contractors should continue to follow these requirements.
On April 23, 2026, OFCCP published Information Collection Reviews (ICRs) for both Section 503 and VEVRAA in the Federal Register seeking approval to extend existing information collection requirements, including employee and applicant self-identification processes under Section 503. A 30-day public comment period was established, and temporary 30-day extensions on the CC-305 form will remain in effect until final approval is granted.
While OFCCP has not issued specific guidance regarding the continued use of the current Form CC-305 during this review period, the agency has acknowledged that some forms displayed on its website may show expired dates but remain valid for use. Accordingly, contractors can continue using the current version of the Form CC-305, despite the expiration date. Contractors who prefer to use a form with a current expiration date may obtain the form reflecting the extension date directly from OFCCP’s website at https://www.dol.gov/agencies/ofccp/self-id-forms.
Effective October 1, 2025, the jurisdictional threshold for VEVRAA compliance increased from $150,000 to $200,000. As a result, federal contractors and subcontractors with contracts of $200,000 or more must comply with VEVRAA’s nondiscrimination and affirmative action requirements, including the development and maintenance of a written affirmative action plan. The same thresholds will apply for the required annual VETS-4212 report.
The basic coverage threshold for Section 503 has increased from $15,000 to $20,000. The AAP requirements for Section 503 remain the same - contractors and subcontractors with at least 50 or more employees, and a single contract of $50,000 or more must prepare an AAP for individuals with disabilities.
OFCCP remains the agency tasked with enforcement of Section 503 and VEVRAA. While the White House has proposed defunding the agency in its FY 2027 budget proposal, with plans to move Section 503 and VEVRAA enforcement to a new Office of Civil Rights within the Department of Labor, it is important to remember that this is just proposed.
There have also been updates to leadership at OFCCP. Ashley Romanias, the second leader of OFCCP in President Trump’s second term, left the agency in May. Romanias’ replacement as director at the OFCCP is Kenneth Wolfe, who is now listed in that role on the DOL’s website. He has been serving as director of the DOL’s Center for Faith, an office created by the Trump administration in 2025 pursuant to an executive order.