I’m writing this article on November 9, the day after the 2016 presidential election. I had planned to write a somewhat different article for The OFCCP Digest, but with the election of Donald Trump, the regulatory environment is almost certain to change in very dramatic ways in the coming years. Thus, I’m going to provide some thoughts on what has occurred in the affirmative action realm in the last few years, and what we may see beginning in 2017.

The Obama Years: A Time of Change at OFCCP

The last eight years have been a time of tremendous change for the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). Since the start of the Obama administration, the priorities for OFCCP shifted dramatically and in somewhat unexpected directions. We have seen an unprecedented level of new and revised regulations at OFCCP since 2013, including regulations that first became effective in 2016. There have also been major changes in the way OFCCP conducts affirmat