Notice Regarding Executive Order 13950

On December 22, 2020, the United States District Court for the Northern District of California issued a preliminary injunction prohibiting OFCCP from implementing, enforcing, or effectuating Section 4 of Executive Order 13950 “in any manner against any recipient of federal funding by way of contract [or] subcontract….”  This preliminary injunction took effect immediately.  Specifically, this means the following for the public:

• Complaints:  OFCCP will cease using any hotline to collect information regarding contractors’ alleged noncompliance with Executive Order 13950, will cease investigation of any alleged noncompliance with Executive Order 13950 received through the hotline or any other means, and will not take any enforcement action or seek remedial relief as a result of such alleged noncompliance with Executive Order 13950. 
  • For any such complaints already received, OFCCP will hold them in abeyance and not engage in any further investigation per the court’s order.  To the extent possible, OFCCP will notify all complainants accordingly.
  • Individuals wishing to file complaints of discrimination may do so via the mechanisms OFCCP has established for complaint filing generally under Executive Order 11246.  
• Requests for Information:  OFCCP will not publish any additional Requests for Information seeking information from any individual or entity regarding the training, workshops or programming provided to employees of government contractors or subcontractors with regard to compliance or noncompliance with Executive Order 13950.
• Contract Clauses:  OFCCP will not enforce any of the provisions required by Section 4(a) of Executive Order 13950 contained in government contracts or subcontracts to the extent those provisions have already been included.  Accordingly, OFCCP will not require contractors or subcontractors to:
  • Provide notice of any commitments under Executive Order 13950 or any contract term inserted pursuant to Section 4(a) of Executive Order 13950 to their respective labor unions or employee representatives;
  • Include any provisions in subcontracts or purchase orders to bind their subcontractors and vendors to the terms of Section 4(a) of Executive Order 13950, or take action with regard to any subcontract or purchase order to enforce such provisions.

If you have any further questions regarding this notice, please contact the OFCCP Help Desk.