What you do when nobody is enforcing it says who you are.
A while back I heard someone pose a question about faith that has stuck with me ever since. It went something like this: are you a good person because you fear hell, or are you a good person because you’re a good person? Take away the threat of punishment. Would you still be the person you believe you are?
I’ve been chewing on that question, but not in a church context. I’ve been chewing on it in an HR context.
What’s changing (as of September 28, 2026)
Over the last year and a half, a lot of the federal scaffolding around workplace fairness has been pulled back. Here’s the short version, and I’ll stick to what’s actually happened.
- Race and sex affirmative action for federal contractors: Executive Order 11246 was rescinded in January 2025. In August 2026, the Department of Labor finalized rules removing the regulations built on it, effective October 26, 2026.
- Disability (Section 503): As of September 21, 2026, contractors no longer have to invite applicants and employees to self-identify, Form CC-305 is retired, and the 7% utilization goal and its analysis are gone. The affirmative action requirement itself is still in the statute.
- The EEOC: It rescinded its harassment guidance in January 2026, including the parts covering gender identity and sexual orientation. In June 2026 it rescinded the guidance employers had used for nearly 50 years to build voluntary affirmative action plans. It has also walked away from disparate impact enforcement, and it has proposed eliminating EEO-1 reporting, which has not been finalized.
A quick note on accuracy, because I want to be fair. Title VII is still Title VII. The ADA is still the ADA. Section 503 still exists. Many state laws are still standing, and private plaintiffs can still bring claims. What has changed is how much the federal government will ask of you, measure, and enforce. The floor didn’t disappear. The inspector just stopped showing up for some of it.
The fair counterargument
There is a real case on the other side, and I’d rather name it than pretend it doesn’t exist. Supporters of these changes argue that some of these frameworks pushed employers toward race- and sex-conscious decisions, and that the government should not require anyone to sort employees into categories. On disability specifically, the Department of Labor says the old self-identification process conflicted with the ADA’s limits on disability-related questions during hiring. Reasonable people can look at those arguments and land in different places.
I’m not here to relitigate every rule. I’m here to ask a different question.
Here’s what I actually want to know
If the fines went away, if the audits went away, if nobody from the government was ever going to ask to see your paperwork, what would you keep doing?
Would you still have a non-retaliation policy that people actually trust enough to use? Would you still make sure your hiring practices are fair and equitable, whether the candidate is a woman, a veteran, a person with a disability, or someone whose name your hiring manager can’t pronounce? Would you still build an organization that doesn’t discriminate based on race or national origin, when nobody would ever know if you slipped?
Some of you would. Honestly, a lot of you would, and you were doing this work long before a regulation asked you to. Keep going, and say so out loud.
For others, the honest answer might be a little less comfortable. That’s okay. It’s a useful thing to learn.
What your answer shows
If you realize you might have stopped, it may mean these practices were never fully your own. Maybe they were something you did to stay out of trouble. You may not have been about that life to begin with, and that’s okay to admit. Most of us have done the right thing for the wrong reason at some point.
It does change what we say about ourselves, though. If the commitment only holds up because of a penalty, it may be worth pausing before we describe ourselves as an inclusive employer that values every person. Employees and candidates notice when what’s promised and what’s practiced don’t match, and they notice quickly.
A gut check you can run this week
- Pull up your anti-retaliation and accommodation processes. Would an employee who’s scared actually use them? Would they be treated well if they did?
- Look at how you recruit, screen, and promote. When did someone last look for barriers in your job postings, your application system, and your interview process?
- Ask how you’ll know if your outreach is working now that a federal form or a percentage won’t tell you. What will you measure instead?
- Read your website and your job ads out loud. Then ask whether your day-to-day practices earn every word on them.
The bottom line
The law will keep changing. It always does. Character is what’s left after the requirements are gone. If fairness is who you are, nothing that happened in Washington has to change what you do on Monday. And if you’re not sure yet, this is a good moment to decide who you want to be.
So, what would you keep doing?
Sources
- Duane Morris LLP, “OFCCP Finalizes Three Rules Resetting Federal Contractor Affirmative Action Requirements” (Aug. 25, 2026): duanemorris.com
- Seyfarth Shaw LLP, “DOL Rescinds Section 503 Disability Utilization Goal and Data Collection Requirements” (Aug. 21, 2026): seyfarth.com
- The Contractor’s Perspective, “OFCCP Finalizes Sweeping Changes to Section 503 Disability Affirmative Action Requirements”: contractorsperspective.com
- The Employer Report, “EEO-1 at a Crossroads” (Sept. 2026), for the October 26, 2026 effective date: theemployerreport.com
- Littler, “EEOC Rescinds Enforcement Guidance on Harassment” (Jan. 22, 2026): littler.com
- Amundsen Davis, “EEOC Ends 50-Year Affirmative Action Roadmap” (July 10, 2026): amundsendavislaw.com
- Day Pitney, “The EEOC Rewrites the Rules” (EEOC National Enforcement Plan): daypitney.com
- U.S. Department of Justice, “Justice Department Concludes EEOC Disparate-Impact Guidelines Violate the Constitution” (June 9, 2026): justice.gov
- Federal Register, “Removal of Reporting Requirements” (EEOC proposed rule, July 23, 2026): federalregister.gov
Information current as of September 28, 2026. This post is general commentary, not legal advice.