BarbriSFCourseDetails
  1. keyboard_arrow_leftBack

Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Real Property - Transactions

Date & Time
  • event Date

    Tuesday, April 15, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$297.00

This CLE webinar will examine the impact the recently issued Executive Order 14173, "Ending Illegal Discrimination and Restoring Merit-Based Opportunity" (EO 14173), will have on federal contractors, many of whom are in the construction industry. The panel will address how federal contractors may satisfy current contractual obligations, create revised contractual provisions to reflect the new EO's requirements, and navigate a rapidly evolving regulatory regime to mitigate the risk of enforcement action.

Faculty

Epperson Morgan
Shareholder
Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Ms. Epperson relies on her background in human resources, the hospitality industry, and employment litigation to offer clients practical solutions to employment challenges. In her practice, she counsels and defends federal contractors and subcontractors throughout the U.S. on jurisdictional, compliance, and enforcement issues involving the United States Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). Ms. Epperson works with in-house counsel and human resources professionals to offer pragmatic advice on Affirmative Action Programs and legally mandated government reporting obligations and often provides guidance and training regarding pay equity, equal employment opportunity, and diversity, equity, and inclusion practices.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio
Taylormoore Melissa
Shareholder
White & Case LLP

With more than 15 years of experience, Ms. Taylormoore advises clients on the full spectrum of issues related to doing business with federal, state, and local governments. She counsels government contractors throughout the entire contract lifecycle, from structuring compliance programs that meet Department of Justice and Defense Contract Audit Agency requirements to resolving disputes with regulators. Ms. Taylormoore also represents clients in contract disputes, employment matters, and investigations under the False Claims Act, Foreign Corrupt Practices Act, and UK Bribery Act. In addition, she provides strategic counsel on transactions involving government contractors, including acquisitions and divestitures. Ms. Taylormoore has extensive experience guiding boards of directors and executive teams through high-stakes internal and cross-border investigations involving corporate governance, fraud, misconduct, discrimination, harassment, and human trafficking.

expand_circle_down Expand to View Full Bio expand_circle_up Collapse Bio

Description

The Trump administration's recently issued EO 14173 rescinds a number of prior executive orders related to affirmative action and equal opportunity employment. Importantly for the construction industry, which is heavily involved in federal government contracting, it rescinds Executive Order 11246 (EO 11246), issued by President Johnson in September 1965, which prohibited federal contractors from engaging in employment discrimination and incorporated civil rights into the government contracting process. The requirements of EO 11246 were implemented contractually through the Federal Acquisition Regulation (FAR) and enforced by DOL's Office of Federal Contract Compliance Programs (OFCCP).

EO 14173 provides a 90-day grace period for federal contractors to continue to comply with the regulatory scheme that was in place on Jan. 20, 2025. However, it directs the OFCCP to immediately cease: (1) promoting diversity; (2) holding federal contractors and subcontractors responsible for taking affirmative action; and (3) allowing or encouraging federal contractors and subcontractors to engage in workforce balancing based on race, color, sex, sexual preference, religion, or national origin.

Counsel should understand what impact EO 14173 may have on their federal contractor construction clients including how to satisfy current contractual obligations, revise contract provisions to meet new requirements, and navigate what could be conflicting legal obligations where EO 14173's requirements may be at odds with federal and state antidiscrimination laws. Counsel should also understand the impact the new EO may have on agency enforcement activity.

Listen as our expert counsel examines EO 14173 and its impact on federal contractors with a focus on those in the construction industry. The panel will address how federal contractors should move forward under the uncertainty of this evolving regulatory landscape.

Outline

  • Introduction
    • History of EO 11246
  • EO 14173
    • Purpose
    • Requirements
  • Regulatory and agency impact
    • OFCCP
    • FAR
    • Others
  • Effect on federal contractors and subs
    • Contracts
    • DEI initiatives
    • Interaction with other nondiscrimination laws
  • Enforcement and judicial review
  • Best practices to mitigate risk of enforcement action

Benefits

The panel will review these and other key considerations:

  • What are EO 14173's requirements for federal contractors including those in the construction industry?
  • What impact will the rescission of EO 11246 have on federal contractors?
  • How does the new EO impact contractual provisions to be included in agreements?
  • How should federal contractors move forward with current contractual obligations that incorporate language that was previously required under EO 11246?
  • How may the new EO affect agency enforcement action?