Executive Order 11246

Executive Order 11246 is a landmark United States directive that established requirements for non-discrimination and affirmative action by federal contractors. Signed by President Lyndon B. Johnson on September 24, 1965, it built upon previous efforts like Executive Order 10925 and the Civil Rights Act of 1964. The order mandates that contractors and subcontractors doing business with the federal government take proactive steps to ensure equal employment opportunity. It is a cornerstone of federal policy aimed at promoting workplace diversity and combating discrimination based on race, color, religion, sex, or national origin.

Background and historical context

The order emerged during the height of the Civil Rights Movement, a period of intense social and legislative action against racial segregation and discrimination. It succeeded earlier presidential directives, notably Executive Order 8802 issued by President Franklin D. Roosevelt and Executive Order 10925 by President John F. Kennedy, which first introduced the concept of "affirmative action" for government contractors. The political climate following the passage of the Civil Rights Act of 1964 and the Voting Rights Act of 1965 created momentum for stronger enforcement mechanisms. President Johnson, seeking to leverage federal purchasing power, aimed to transform the economic landscape for minorities and women by embedding equal opportunity requirements into government contracts.

Provisions and requirements

The order prohibits federal contractors and subcontractors from discriminating against any employee or applicant based on race, color, religion, sex, or national origin. It requires contractors with over 50 employees and a contract exceeding $50,000 to develop and implement a written affirmative action plan. These plans must include detailed analyses of the workforce, identification of areas where women and minorities are underutilized, and specific goals and timetables to address any deficiencies. The provisions apply to all aspects of employment, including hiring, promotion, termination, and compensation. Notably, the order was later amended by Executive Order 11375 to explicitly include discrimination on the basis of sex.

Enforcement and compliance

Primary enforcement authority was vested in the United States Department of Labor. The Secretary of Labor established the Office of Federal Contract Compliance Programs (OFCCP) to administer and enforce the order's requirements. The OFCCP conducts compliance evaluations, which can include desk audits and on-site reviews of contractor facilities. Contractors found in violation may be subject to penalties including the withholding of progress payments, termination of existing contracts, and debarment from future federal contracts. Key compliance tools include the mandated submission of an annual Standard Form 100 (EEO-1) report and the requirement to include an equal opportunity clause in every covered subcontract and purchase order.

Impact and significance

Executive Order 11246 significantly expanded the federal government's role in regulating employment practices within the private sector. It has been instrumental in increasing workforce diversity, particularly in industries heavily reliant on government contracts such as construction, defense, and aerospace. The order established a lasting legal and administrative framework for affirmative action, influencing subsequent legislation and court rulings, including landmark Supreme Court cases like Regents of the University of California v. Bakke. While subject to ongoing political and legal debate, it remains a fundamental tool for promoting equal employment opportunity and has served as a model for similar state and local government requirements.

Amendments and related orders

The most direct amendment was Executive Order 11375, issued by President Johnson in 1967, which added "sex" to the list of prohibited bases of discrimination. Subsequent presidential administrations have issued related orders modifying or clarifying its implementation. For example, Executive Order 11478 under President Richard Nixon extended non-discrimination principles to the federal civilian workforce itself. Executive Order 11246 has also been affected by legislation such as the Rehabilitation Act of 1973 and the Vietnam Era Veterans' Readjustment Assistance Act of 1974, which added requirements for contractors regarding individuals with disabilities and protected veterans.