Federal Contractor Affirmative Action Dismantled: What Must Come Down, What Survives, and What You Must Certify

Lisa B. Marsh, Principal | Jackson Lewis

Lisa B. Marsh drafts and defends affirmative action plans covering veterans and individuals with disabilities, and counsels employers on OFCCP regulations and OFCCP defense. She represents management exclusively in all areas of employment law, with a practice focused on equal employment opportunity, corporate diversity counseling, data analytics, workplace safety and health matters, and OFCCP defense. She practices from the firm’s Denver office.

• Education & Credentials

Lisa received her J.D. from the University of Denver Sturm College of Law in 2014 and was admitted to the Order of St. Ives upon graduation for academic excellence. She earned her B.A. from the University of North Carolina at Chapel Hill in 2002. She was admitted in Colorado in 2014, and her Colorado bar registration number is 47732.

• Recognition & Leadership

Lisa was named to The Best Lawyers in America© “Ones to Watch” list for Administrative/Regulatory Law and to the “Ones to Watch” list for Labor and Employment Law – Management, in each case from 2022 to 2023. During law school she served as an editor of the Denver Journal of International Law & Policy.

• Professional Involvement

Lisa’s firm practice groups include OFCCP Defense, Government Contracts and Compliance, Equal Employment Opportunity, and Corporate Diversity Counseling. She also participates in the Data Analytics, Workplace Analytics and Preventive Strategies, Workplace Safety and Health, Corporate Governance and Investigations, National Compliance and Multi-State Solutions, and Workplace Training groups.

• Experience

Lisa drafts and defends affirmative action plans for veterans and individuals with disabilities and counsels clients on compliance with OFCCP regulations. She analyzes hiring, promotion, termination, and pay data for non-discrimination compliance and assesses the risks presented by employer diversity programs.

Her broader practice covers workplace safety and health programs and workplace training, and she advises management clients across the full range of employment law matters.

Scott M. Pechaitis, Principal | Jackson Lewis

Scott M. Pechaitis counsels companies on federal and state contractor obligations, including obligations arising under Affirmative Action laws, the False Claims Act, the Service Contract Act, the Davis Bacon Act, and a wide range of Federal Acquisition Regulations. He co-leads the firm’s Government Contracts and Compliance practice group and advises clients on federal and state EEO and compensation data reporting requirements. He practices from the firm’s Denver office and is a member of the Workplace Analytics and Pay Equity group.

• Education & Credentials

Scott earned his J.D. cum laude from the University at Buffalo School of Law in 2005 and his B.A. cum laude from St. Lawrence University in 1999. His admissions include Colorado, admitted in 2013, and New York, with admission to the Western District of New York in 2008. His Colorado bar registration number is 45579.

• Recognition & Leadership

Scott co-leads the Government Contracts and Compliance practice group at Jackson Lewis, and his firm profile identifies him as a national leader and frequent speaker on government contracting and pay equity laws and strategies. He has been listed in The Best Lawyers in America© for Litigation – Labor and Employment from 2025 to the present.

• Professional Involvement

Scott is a member of the American Bar Association and the New York State Bar Association. Within the firm he serves as a resource on state pay equity and pay transparency laws and participates in the Workplace Analytics and Pay Equity group.

• Experience

Scott brings twenty years of experience advising federal and state contractors on Affirmative Action law, False Claims Act exposure, Service Contract Act and Davis Bacon Act requirements, and Federal Acquisition Regulation compliance, together with the federal and state EEO and compensation data reporting requirements that attach to contractor status.

Beyond contractor compliance, he helps companies leverage workforce data to glean insights, mitigate risk, and plan for the future, including analyses of diversity representation trends, reductions-in-force, validation of preemployment assessments, and emerging risks related to artificial intelligence in employment processes. He has led hundreds of pay equity analysis projects for companies of all sizes and across many industries.

SESSION 1 – OFCCP Dismantling Federal Contractor Affirmative Action Obligations Part 1: Executive Order and State Contractor requirements | 12:00pm – 1:00pm

The August 21, 2026 final rules issued by the Office of Federal Contract Compliance Programs (OFCCP) have fundamentally dismantled the affirmative action framework that federal contractors have operated under for decades, eliminating long-standing obligations under Executive Order 11246 and significantly restructuring requirements under Section 503 of the Rehabilitation Act, while leaving contractors scrambling to determine what survives, what must be removed, and by when. Part 1 of this series will cover the changes to the rescission of EO 11246 and changes to sex and race/ethnicity obligations, particularly in view of the new Executive Orders concerning DEI by federal contractors. In addition, companies doing business with state and local agencies may face significant Equal Employment Opportunity (EEO) and Affirmative Action obligations—particularly in jurisdictions like Minnesota, California, and Illinois. At the same time, federal agencies are beginning to implement Executive Order 14173 certification requirements addressing Diversity, Equity, and Inclusion (DEI) programs and compliance with federal antidiscrimination laws. This creates tension for companies that contract with or receive funding from both state and federal entities, especially where certification language may appear to conflict. With the Department of Justice signaling potential False Claims Act enforcement tied to EO 14173 certifications, the risk is increasingly tangible. This session will examine current state contractor requirements, highlight emerging federal certification frameworks, and offer practical guidance for companies navigating these increasingly complex obligations at both levels.

BREAK | 1:00pm – 1:10pm

SESSION 2 – OFCCP Dismantling Federal Contractor Affirmative Action Obligations Part 2: Section 503 (Disability) | 1:10pm – 2:10pm

Now, Part 2 of this series will focus on the changes to obligations under Section 503 of the Rehabilitation Act for Individuals with Disabilities.  This will include changes to the rules concerning disability data collection and the analytic components of affirmative action plans, and provide practical guidance on how contractors can continue to meet their obligations under Section 503 while maintaining compliance with the Americans with Disabilities Act (ADA) as well.