FIFTY YEAR ANNIVERSARY OF EXECUTIVE ORDER 11246
By Attorney Randall J. Andersen
December, 2015
By Attorney Randall J. Andersen
December, 2015
Disclaimer: The information contained on this page is not legal advice. The information provided on this website is for general informational purposes and is not necessarily updated to account for changes in the law. You should consult with an attorney for legal advice regarding your individual circumstances.
September 24, 2015 marked the 50-year anniversary of Executive Order 11246. Executive Order 11246, which was signed by President Lyndon B. Johnson, prohibits federal contractors and federally-assisted contractors and subcontractors who do more than $10,000.00 in government business per year from discriminating in employment matters, on the basis of race, color, religion, sex or national origin. On July 21, 2014, President Obama amended Executive Order 11246 to also bar discrimination based on sexual orientation or gender identity.
Executive Order 11246 is administered by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). Contractors and subcontractors who are subject to Executive Order 11246 are required to refrain from discrimination, post equal employment opportunity posters in a conspicuous place at workplace, include the EEO tag line in employment advertising, maintain certain personnel and employment records, permit OFCCP to access books and records during a complaint investigation, and for some employers, file an annual EEO-1 report. If a contractor has a construction contract or a contract for work that is paid with Federal funds, there are additional affirmative action requirements set forth in the Code of Regulations.
Executive Order 11246 was preceded by earlier executive orders signed during and shortly after World War II, which addressed discrimination within the federal government and the defense industries.
During the civil rights movement in the early 1960's the Civil Rights Act of 1964 was adopted. The Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex and national origin.
Executive Order 11246, which was adopted the following year, differs from the Civil Rights Act of 1964, in that it requires contractors to take affirmative action to ensure equal employment opportunity is provided in employment matters. Many states and local governments (such as Wisconsin and the City of Madison) subsequently adopted their own anti-discrimination laws which establish a broader range of "protected classes" than under the federal laws.
In the 50 years of its existence, Executive Order 11246 has had a wide-ranging impact. The U.S. Department of Labor estimates that Executive Order 11246 applies to approximately one-fifth of the U.S. workforce.
Executive Order 11246 is administered by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP). Contractors and subcontractors who are subject to Executive Order 11246 are required to refrain from discrimination, post equal employment opportunity posters in a conspicuous place at workplace, include the EEO tag line in employment advertising, maintain certain personnel and employment records, permit OFCCP to access books and records during a complaint investigation, and for some employers, file an annual EEO-1 report. If a contractor has a construction contract or a contract for work that is paid with Federal funds, there are additional affirmative action requirements set forth in the Code of Regulations.
Executive Order 11246 was preceded by earlier executive orders signed during and shortly after World War II, which addressed discrimination within the federal government and the defense industries.
During the civil rights movement in the early 1960's the Civil Rights Act of 1964 was adopted. The Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion, sex and national origin.
Executive Order 11246, which was adopted the following year, differs from the Civil Rights Act of 1964, in that it requires contractors to take affirmative action to ensure equal employment opportunity is provided in employment matters. Many states and local governments (such as Wisconsin and the City of Madison) subsequently adopted their own anti-discrimination laws which establish a broader range of "protected classes" than under the federal laws.
In the 50 years of its existence, Executive Order 11246 has had a wide-ranging impact. The U.S. Department of Labor estimates that Executive Order 11246 applies to approximately one-fifth of the U.S. workforce.