By Brittany Dian-Hansell
Following a temporary period of administrative abeyance in 2025 after the revocation of Executive Order 11246, DCI can confirm that the Office of Federal Contract Compliance Programs (OFCCP) has resumed processing and investigating complaints involving violations of Section 503 of the Rehabilitation Act of 1973 (Section 503) as of late 2025. Because of this, DCI can reasonably assume that the agency is also investigating complaints stemming from Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) violations.
New Complaint Forms
In connection with these developments, it is worth noting that OFCCP has implemented revisions to its employment discrimination complaint information collection. Because OFCCP no longer has legal authority to accept or investigate complaints based on race, color, religion, sex, sexual orientation, gender identity, or national origin, the agency updated its complaint forms to remove references to Executive Order 11246 and its protected categories, as well as Title VII of the Civil Rights Act of 1964.
The revised forms include:
- Pre-Complaint Inquiry Form (CC-390): Used to determine whether OFCCP has jurisdiction prior to the filing of a formal complaint; and
- Formal Complaint Form (CC-4): Used to officially file an employment discrimination complaint with the agency.
While OFCCP’s complaint jurisdiction is now limited to disability discrimination under Section 503 and protected veteran status under VEVRAA, overall complaint volume, burden hours, and submission procedures remain largely unchanged. Accordingly, it is critical that federal contractors and subcontractors remain fully compliant with all Section 503 and VEVRAA obligations, including:
- Soliciting voluntary self-identification of disability and protected veteran status;
- Preparing and maintaining annual Affirmative Action Plans (AAPs) for individuals with disabilities and protected veterans;
- Listing all job openings with the state and local Employment Service Delivery Systems (ESDS); and
- Ensuring non-discrimination in all employment practices on the basis of disability and veteran status.
Disability and Veteran Regulations Still in Effect
Despite the revocation of Executive Order 11246, OFCCP still administers and enforces Section 503 of the Rehabilitation Act of 1973 and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, which prohibit federal contractors and subcontractors from discriminating in employment against qualified individuals with disabilities and protected veterans, respectively. As the agency charged with enforcing these statutes, OFCCP is required to promptly investigate complaints alleging violations of these regulations. Additionally, with new leadership and potentially significant funding on the horizon, federal contractors should expect more activity from the agency in the near future.
DCI will continue to monitor activity at OFCCP and provide information as necessary.
