Analysis of OFCCP Closure Letter & Strategic Compliance Update

Implications of OFCCP Closure Letter (May 22, 2025)

The following are key implications and strategic opportunities arising from the U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP) letter regarding the closure of your Executive Order 11246 complaint. This analysis is designed to support heightened scrutiny, preserve all rights, and maximize your legal and procedural leverage moving forward.

Eight Key Implications

• Loss of EO 11246 Protections: Discrimination claims based solely on Executive Order 11246 (race, color, religion, sex, sexual orientation, gender identity, national origin) are now closed by OFCCP due to the Executive Order's revocation.
• No OFCCP Enforcement for EO 11246: OFCCP will not investigate or enforce those claims, removing one avenue of federal contract compliance leverage.
• Section 503/VEVRAA Claims Remain: Disability (Section 503) and veteran (VEVRAA) claims are not dismissed but "held in abeyance"—they remain pending, not closed.
• Potential Delay or Uncertainty: "Held in abeyance" means those claims are in limbo; OFCCP may be awaiting further guidance or legal developments.
• Refocus on Other Statutes: Your ADA, Section 503, and state law claims become even more critical; EEOC and DOJ complaints are now primary.
• Cross-Agency Coordination: Closure by OFCCP makes it vital to ensure EEOC, DOJ, and DOL Wage & Hour are fully aware of your pending claims and evidence.
• Procedural Record of Diligence: The letter documents your good faith pursuit of all remedies, preserving your right to argue that any procedural delay is not your fault.
• Potential for New Legal Arguments: The revocation of EO 11246 may itself be subject to challenge or cited as evidence of regulatory instability affecting your rights.

Eight Strategic Opportunities

• Request Status on Section 503/VEVRAA: Promptly ask OFCCP for clarification and a timeline on the "held in abeyance" claims; request written confirmation that your disability/veteran claims are preserved.
• Update EEOC and DOJ: Notify EEOC and DOJ of the OFCCP closure and continued pendency of Section 503/VEVRAA claims; request cross-agency coordination and evidence sharing.
• File or Update with State Agencies: Consider filing/updating with the Virginia Office of the State Inspector General or state EEO agencies, referencing the OFCCP closure and ongoing federal claims.
• Document All Pending Motions: Use this development to file a compliance update or "procedural mop-up" document, listing all pending items and agency responsibilities.
• Preserve All Rights and Deadlines: Clearly state in filings that you are preserving all rights and that any delay is due to agency or regulatory action, not your own.
• Leverage for Settlement or Mediation: Regulatory uncertainty may motivate the respondent to settle or mediate, rather than risk further exposure.
• Highlight Systemic Issues: Use the EO 11246 revocation as a basis to argue for heightened scrutiny, systemic review, or referral to oversight bodies—especially if others are affected.
• Consider Advocacy or Public Outreach: The rollback of EO 11246 protections may interest advocacy groups, media, or legislators. Use your case to highlight the impact of regulatory changes.

Summary: While OFCCP’s closure of EO 11246 claims narrows one legal avenue, your disability and veteran claims remain alive, and you now have multiple procedural and strategic opportunities to keep your case active, coordinated, and visible across agencies.

Compliance Update, Procedural Confirmation, and Agency Status Request

To all agencies and parties of record:
This filing serves as a formal compliance update and procedural confirmation regarding the status of all pending claims, motions, and agency responsibilities in the above-captioned matter.

• Service and Contact Confirmation:
  • EEOC Investigator: Alexander Perez, U.S. EEOC – Norfolk Area Office
  • Cox Counsel: Attorney Justin Miles, Littler Mendelson, P.C.
  • Virginia State Inspector General: osig@osig.virginia.gov
  • Governor of Virginia: constituent.services@governor.virginia.gov
  • Other designated agency officials as required by protocol
• Outstanding Agency and Investigator Action:
  • Rebuttal to Position Statement (05/22/2025)
  • Motion for Alexander Perez removal (05/20/2025)
  • Formal Motions for HR Records, Audit, and Systemic Enforcement (05/15/2025)
  • Demand for Procedurally Proper Position Statement (05/15/2025)
  • Requests for Clarification and Accountability regarding missing files and submission records
  • Objection and Demand for Reinstatement of Inquiry
  • Notice of Tolling of Rebuttal Deadline and Demand for Cure of Deficiencies
  The agency is respectfully requested to confirm receipt and provide a status update on all pending items, including the Section 503 and VEVRAA claims referenced in the OFCCP letter.
• Notice of Further Evidence and Filings:
  • Complainant will be submitting additional evidence, exhibits, and legal argument (“Part 2”) as soon as agency responses are received or as deadlines require.
  • No party shall treat this as a waiver or limitation of rights.
• Procedural Preservation:
  • Complainant expressly preserves all rights to supplement, amend, or clarify the record as further information becomes available.
  • No party may claim procedural closure, confusion, or prejudice based on the sequence or timing of these filings.

Formal Status Request:
Complainant respectfully requests a written status update from all agencies of record on the above-listed motions and claims, and confirmation that Section 503 and VEVRAA claims are preserved and will be acted upon. Delays or failures to respond will be noted for the record and will not be construed as waiver or acquiescence by the Complainant.

Reservation of Rights:
Complainant reserves the right to supplement this request and to seek supervisory or judicial review if agency action is not forthcoming.