In the latest episode of the DE Talk podcast, DirectEmployers Executive Director Jeff Gill sat down with employment law attorneys Mickey Silberman and Michelle Duncan of Silberman Law PC. With nearly 60 years of combined experience in EEO and OFCCP compliance, Mickey and Michelle provided a masterclass on what federal contractors must prioritize as they move into 2026.
The “Rubber Meets the Road” Year
While 2025 was a year of assessment and legislative shifts, Mickey describes 2026 as the year of execution. With the Trump administration now firmly in place, federal contractors can expect a more focused approach to audits and investigations.
A few key takeaways from their discussion include:
- The Status of Affirmative Action: While race and gender-based affirmative action under Executive Order 11246 was rescinded, obligations for veterans and individuals with disabilities remain firmly in place.
- The “Civil Rights Fraud Initiative”: The administration is looking closely at existing government contracts to ensure employers are following non-discrimination laws, specifically scrutinizing DEI programs that may be perceived as exclusionary.
- Section 503 Proposals: There is ongoing debate regarding the elimination of disability self-identification requirements, though the vast majority of employers have voiced opposition to this change.
AI & the Merit-Based Era
During the conversation, both Mickey and Michelle emphasized a pragmatic approach for 2026, focusing on the administration’s pivot toward merit-based hiring. This focus directly impacts how companies use and vet Artificial Intelligence (AI) tools in recruitment.
They suggested, “the law doesn’t change just because the tool changes,” therefore to stay compliant, they recommended employers to:
- Conduct Bias Audits: Ensure tools do not unintentionally exclude protected groups.
- Verify Efficacy: Confirm that AI tools are effective and non-discriminatory in their decision-making.
- Manage the Patchwork of Laws: Navigate the complex intersection of new state AI regulations (like those in Colorado) and new federal executive orders.
Why You Should Listen
In just 45 quick minutes, Mickey and Michelle explain why being proactive and conducting internal, privileged analyses now is the best way to protect your organization from any future scrutiny during and audit, and while the fate of the OFCCP continues to linger in budgetary red-tap, federal contractors still have the obligations to comply per their contract. Tune in to this episode, packed with guidance for federal contractors, to ensure your processes remain in alignment with the evolving regulatory landscape!