Documents › Agency rules › 2026-17114
Labor Department, Federal Contract Compliance Programs Office
Rescission of Executive Order 11246 Implementing Regulations
Published August 21, 2026. Takes effect October 26, 2026, printed at 91 FR 54444, amending 41 CFR 60. 39,498 words.
An order on hiring by race and sex was undone. This drops the rules that ran it.
What the Rule Says It Does
On January 21, 2025, President Trump issued Executive Order 14173, "Ending Illegal Discrimination and Restoring Merit-Based Opportunity," which revoked Executive Order 11246. Accordingly, the U.S. Department of Labor publishes this final rule to rescind the implementing regulations for Executive Order 11246.
This is the rule's own summary, as the Federal Register prints it.
The Orders It Names
- Executive Order 14173: Ending Illegal Discrimination and Restoring Merit-Based Opportunity
- Executive Order 14398: Addressing DEI Discrimination by Federal Contractors
The rule names these orders itself. What it does about them is a reading, and none is recorded here.
On the Face of the Rule
- As filed
[Federal Register Volume 91, Number 161 (Friday, August 21, 2026)] [Rules and Regulations] [Pages 54444-54480] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-17114]
Vol. 91
Friday,
No. 161
August 21, 2026
Part II
Department of Labor
Office of Federal Contract Compliance Programs
40 CFR Parts 60-1, 60-2, 60-3, et al.
Rescission of Executive Order 11246 Implementing Regulations; Interim Final Rule
DEPARTMENT OF LABOR
Office of Federal Contract Compliance Programs
[Docket No. OFCCP-2025-0001]
41 CFR Parts 60-1, 60-2, 60-3, 60-4, 60-20, 60-30, 60-40, 60-50, and 60-999
RIN 1250-AA17
Rescission of Executive Order 11246 Implementing Regulations
- AGENCY
Office of Federal Contract Compliance Programs, Labor.
- ACTION
Final rule.
- DATES
This rule is effective on October 26, 2026.
- FOR FURTHER INFORMATION CONTACT
Kenneth Wolfe, Director, Office of Federal Contract Compliance Programs, 200 Constitution Avenue NW, Washington, DC 20210. Telephone: 202-693-0101. Email: [email protected].
The fields the Federal Register prints at the head of the rule, quoted as printed. Its summary is quoted above.
Why the Agency Says It Is Doing This
SUPPLEMENTARY INFORMATION
I. Executive Summary
Prior to January 21, 2025, the U.S. Department of Labor (the Department) administered and enforced Executive Order (E.O.) 11246, as amended. Issued in 1965, and amended several times in the intervening years, E.O. 11246, and its implementing regulations at 41 CFR part 60-1 et seq., prohibited covered Federal contractors and subcontractors \1\ from discriminating against employees and applicants because of race, color, religion, sex, sexual orientation, gender identity, national origin, or because they inquired about, discussed, or disclosed their compensation or that of others, subject to certain limitations. Contractors were also required to take certain affirmative actions to promote equal employment opportunity in their workplaces, as specified in 41 CFR part 60-2 and 41 CFR part 60-4.
\1\ Hereinafter, the term “contractor” is used to refer collectively to Federal contractors and subcontractors that fall under OFCCP's authority, unless otherwise expressly stated. This approach is consistent with OFCCP's regulations, which define “contract” to include subcontracts and “contractor” to include subcontractors.
On January 21, 2025, E.O. 14173 revoked E.O. 11246. Accordingly, this final rule rescinds the regulations implementing E.O. 11246 and modifies the administrative enforcement proceeding procedures at 41 CFR part 60-30 to remove the E.O. 11246 components. The Department also determined that significant portions of the E.O. 11246 regulatory framework are legally vulnerable because they are inconsistent with constitutional principles, civil rights law, and statutory authority.
The passage that opens the rule's preamble, where the agency sets out what it is doing and on what authority. Every heading that follows it is listed below.
What the Rule Contains
Every heading the Federal Register prints in this rule, in the order it prints them. 52 headings, 39,498 words in all.
- AGENCYOn its face · 8 words
- ACTIONOn its face · 3 words
- SUMMARYOn its face · 42 words
- DATESOn its face · 9 words
- FOR FURTHER INFORMATION CONTACTOn its face · 25 words
- SUPPLEMENTARY INFORMATIONPreamble · 2 words
- I. Executive SummaryPreamble · 228 words
- II. BackgroundPreamble · 2 words
- A. E.O. 11246 and Development of Implementing RegulationsPreamble · 319 words
- B. Overview of Current RegulationsPreamble · 5 words
- 1. Affirmative Action ProvisionsPreamble · 2,585 words
- C. Notice of Proposed RulemakingPreamble · 380 words
- D. Executive Order 14398Preamble · 128 words
- III. Discussion of Public Comments and Reasons for RescissionPreamble · 365 words
- A. Revocation of E.O. 11246Preamble · 469 words
- B. The Affirmative Action Regulations Are UnlawfulPreamble · 7 words
- 1. The Nature of the Affirmative Action RegulationsPreamble · 7,008 words
- b. Affirmative Action Regulations Conflict With Title VI of the Civil Rights ActPreamble · 284 words
- C. Lack of Statutory Authority To Maintain Regulations Implementing E.O. 11246Preamble · 3,412 words
- b. Administrative Enforcement RegulationsPreamble · 4,202 words
- D. Effects of RescissionPreamble · 3,303 words
- 4. Regulatory Alternative and Reliance InterestsPreamble · 1,188 words
- IV. Procedural Issues and Regulatory ReviewPreamble · 6 words
- A. Overview of Executive OrdersPreamble · 420 words
- B. Review Under E.O. 12866Preamble · 5 words
- 1. Executive Summary of AnalysisPreamble · 1,000 words
- d. Potential Effects on Contract and Employment DistributionPreamble · 394 words
- e. Benefits of RescissionPreamble · 470 words
- a. Supply and Service ContractorsPreamble · 709 words
- 3. Illustrative Cost-Savings and BenefitsPreamble · 346 words
- b. Hiring Delays, Labor Misallocation, and Productivity EffectsPreamble · 2,641 words
- C. Review Under the Regulatory Flexibility ActPreamble · 358 words
- D. Review Under the Paperwork Reduction ActPreamble · 379 words
- E. Review Under E.O. 13132Preamble · 145 words
- F. Review Under E.O. 12988Preamble · 239 words
- G. Review Under the Unfunded Mandates Reform ActPreamble · 249 words
- H. Review Under the Treasury and General Government Appropriations Act, 1999Preamble · 77 words
- I. Review Under E.O. 12630Preamble · 50 words
- J. Review Under the Treasury and General Government Appropriations Act, 2001Preamble · 89 words
- K. Review Under E.O. 13175Preamble · 71 words
- L. Review Under Additional Executive Orders and Presidential MemorandaPreamble · 311 words
- List of SubjectsRegulatory text · 316 words
- General ProvisionsRegulatory text · 23 words
- Prehearing ProceduresRegulatory text · 54 words
- Hearings and Related MattersRegulatory text · 52 words
- Post-Hearing ProceduresRegulatory text · 29 words
- Expedited Hearing ProceduresRegulatory text · 45 words
- General ProvisionsRegulatory text · 435 words
- Prehearing ProceduresRegulatory text · 2,819 words
- Hearings and Related MattersRegulatory text · 2,287 words
- Post-Hearing ProceduresRegulatory text · 556 words
- Expedited Hearing ProceduresRegulatory text · 848 words
The Rest of the Text
This rule runs to 39,498 words. The rest of it is set out over 2 pages, split at the rule's own headings so that no heading is parted from the words printed under it.
- Text 1 of 2: II. Background to b. Administrative Enforcement Regulations13 headings · 19,166 words
- Text 2 of 2: D. Effects of Rescission to Expedited Hearing Procedures32 headings · 19,914 words
- The rule itself
Labor Department, Federal Contract Compliance Programs Office, “Rescission of Executive Order 11246 Implementing Regulations,” 91 FR 54444 (August 21, 2026). Effective October 26, 2026.
https://www.federalregister.gov/documents/2026/08/21/2026-17114/rescission-of-executive-order-11246-implementing-regulations - This page
“Rescission of Executive Order 11246 Implementing Regulations,” a final rule naming an order indexed here. Read the Mandate, https://readthemandate.org/rules/rule-2026-17114/ (retrieved October 10, 2026).
Cite the document when the claim is about what the document says. Cite this page when the indexing, the wording or the record of what has happened is what is being relied on.
How This Rule Is Set Out
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A heading with nothing quoted under it is one the rule prints on its own, with the words that follow it set under the headings beneath.