On Nov. 6, three federal agencies issued a final rule amending the Federal Acquisition Regulation (FAR) to withdraw the Fair Pay and Safe Workplaces final rule —“blacklisting”— and President Barack Obama’s Executive Order 13673.  Additionally, the Department of Labor withdrew the corresponding guidance document. 

The agencies’ action follows President Donald Trump’s decision to sign H.J. Res. 37, which blocked the implementation of the controversial final rule, commonly referred to as “blacklisting,” through the Congressional Review Act. Additionally, the resolution prevents future administrations from promulgating a similar rule—essentially permanently eliminating the rule.

ABC filed a lawsuit against the final blacklisting rule on Oct. 7, 2016. Shortly thereafter, U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction that prevented the FAR Council from implementing the final rule, which was scheduled to go into effect on Oct. 25, 2016. 

In addition to its lawsuit, ABC has consistently opposed the blacklisting proposal since the Obama administration issued the Fair Pay and Workplaces Executive Order 13673 in July 2014. For more information, visit abc.org/blacklisting.