August 21, 2026
OFCCP Issues Final Rules Significantly Impacting AAP Administration
On Friday, August 21st, the federal Office of Contract Compliance Programs (OFCCP) published three final rules. If you are a covered government contractor required to maintain written affirmative action plans, consult your company’s legal counsel or your TPA / AAP service provider. Here are some highlights of the final rules. Key changes take effect September 21, 2026; some have later effective dates.
Plans for Individuals with Disabilities. This rule substantially impacts how these plans are administered. You are no longer required to:
- Invite applicants to voluntarily self-identify their disability status. The rule explains that to do so violates the Americans with Disabilities Act, which prohibits pre-employment disability-related inquiries. As a result, OFCCP will be abolishing Form CC-305. (FKA 60-741.42)
- Invite current employees to self-identify every five (5) years. Nor are you required to remind them in the interim years that they may voluntarily update their disability status. (same as above)
- Consider quantitative data. The entire section on data collection and analysis of related personnel activity such as vacancies, applicants and new hires has been removed and replaced with “Contractors are not required to consider quantitative data…when assessing the effectiveness of their…program.” (FKA 60-741.44(k))
- Utilization goals. That entire section has been deleted. (FKA 60-741.45)
Most of these revisions do not directly impact how employers administer their related AAP. Revisions were more technical in nature such as moving the enforcement proceeding procedures and removing references to EO 11246 (see below).
Plans for Women and Minorities. Since 1965, EO 11246 required covered contractors to maintain these Plans. But last year, EO 14173 revoked EO 11246 and barred covered contractors from maintaining these Plans as of April 2025. Last week’s final rule formally removes the regulations related to and referencing EO 11246, effective October 26, 2026.
Impact? The DOL estimates it will take an average of ten (10) hours for a covered contractor to remove Form CC-305 and data collection information from their recordkeeping/HRIS. Thereafter, you are likely to save time due to the reduced administrative burdens.
What next? That depends upon when your current Plans expire. As mentioned above, if you outsource your Plans, talk to your vendor/service provider. If you maintain and update them internally, talk to your company’s legal counsel for guidance.
