Department Of Defense Issues Affirmative Action Class Deviation

Following U.S. General Services Administration's (GSA) lead, which we wrote about here, on March 4, the Department of Defense (DoD) issued a Class Deviation—Restoring Merit-Based Opportunity in Federal Contracts—directing DoD Contracting Officers (COs) to "remove, replace, and not enforce Federal Acquisition Regulation (FAR) solicitation provisions and contract clauses associated with Executive Order (EO) 11246, Equal Employment Opportunity."

The Lyndon Johnson-era EO, which prohibited employment discrimination and required contractors to take affirmative action to ensure equal employment opportunity, was revoked by President Trump's EO 14173 on January 21, 2025. We wrote about the revocation, and its implications, here.