By Joanna Colosimo and Mitchell Chamberlin
On August 21, 2026, the Department of Labor (DOL) is expected to formally publish three final rules affecting federal contractor obligations under the Office of Federal Contract Compliance Programs’ (OFCCP) jurisdiction. Below is a summary of these final rules, which affect the implementation of the affirmative action requirements for minorities and women, individuals with disabilities, and protected veterans:
- Executive Order 11246: All implementing regulations are rescinded effective October 26, 2026, completing the regulatory follow-through on the Executive Order's January 2025 revocation and formally ending race- and sex-based AAP and related compliance requirements.
- Section 503 of the Rehabilitation Act: The disability self-identification requirement (through form CC-305) and the 7% utilization goal for individuals with disabilities are eliminated. DOL concluded the self-identification requirement conflicted with the Americans with Disabilities Act (ADA). Nondiscrimination and that reasonable accommodation obligations remain, as well as the annual obligation to assess outreach and recruitment. Covered contractors must still maintain an affirmative action program (AAP), though without the self-identification and utilization components. This will take effect 30 days after the publication of the final rule in the Federal Register.
- Vietnam Era Veterans’ Readjustment Assistance Act: Changes are largely technical, including removal of cross-references to Executive Order 11246 and codifying the recent increase in coverage threshold from $150,000 to $200,000. Affirmative action and veteran self-identification obligations are unchanged and still include the required analytics stemming from 41 CFR 60-33.44(k) (often referred to as 44(k) analytics) for protected veterans.
DCI is still reviewing the full text of the rules and will share a more detailed analysis after further review. In the meantime, please reach out to your DCI consultant with any immediate questions.
