What is Executive Order 11246?

Executive Order 11246: A landmark order that prohibits discrimination in employment on the basis of race, colour, religion, sex, or national origin. Learn about its history, impact, and how to comply with it.

Q + ASTATE LAWNEW YORK

Graham Settleman

8/21/20232 min read

a series of portraits of black and white people
a series of portraits of black and white people

Executive Order 11246: A History of Promoting Equal Employment Opportunity

Executive Order 11246 is a presidential order that prohibits discrimination in employment on the basis of race, colour, religion, sex, or national origin. It was signed by President Lyndon B. Johnson on September 24, 1965, and applies to all federal contractors and subcontractors who do over $10,000 in government business in one year.


The order was issued in response to the civil rights movement of the 1960s, which sought to end discrimination against African Americans and other minority groups. EO 11246 was a major step forward in the fight for equal employment opportunity, and it has helped to ensure that millions of people have access to good-paying jobs.


The order prohibits federal contractors from discriminating in any aspect of employment, including hiring, firing, pay, promotions, training, and benefits. It also requires contractors to take affirmative action to ensure that all qualified applicants and employees are treated fairly, regardless of their race, colour, religion, sex, or national origin.


To comply with EO 11246, federal contractors must develop and implement a written affirmative action plan. This plan must identify the contractor's workforce and any areas where there are disparities based on race, colour, religion, sex, or national origin. The plan must also set goals and timetables for eliminating these disparities.


The Office of Federal Contract Compliance Programs (OFCCP) is responsible for enforcing EO 11246. OFCCP conducts compliance reviews of federal contractors to ensure that they are complying with the order. If a contractor is found to be in violation of EO 11246, OFCCP can take a number of enforcement actions, including issuing a compliance order, debarring the contractor from future government contracts, or suspending or terminating the contractor's current government contracts.


EO 11246 has been amended several times since it was first issued. In 1967, it was amended to include gender as a protected class. In 1978, it was amended to include sexual orientation and gender identity as protected classes. And in 2020, it was amended to include pregnancy and childbirth as protected classes.


EO 11246 has been a vital tool in the fight for equal employment opportunity. It has helped to open up opportunities for millions of people and has made the workplace more fair and equitable. The order continues to be an important part of the fabric of American society, and it will continue to play a vital role in ensuring that everyone has the opportunity to succeed.


In addition to the protections provided by EO 11246, there are a number of other laws and regulations that prohibit discrimination in employment. These include the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, and the Genetic Information Nondiscrimination Act of 2008.


If you believe that you have been discriminated against in employment, you should contact the Equal Employment Opportunity Commission (EEOC). The EEOC is a federal agency that enforces the civil rights laws. You can file a complaint with the EEOC online or by calling 1-800-669-4000.


The fight for equal employment opportunity is ongoing. EO 11246 and the other laws and regulations that prohibit discrimination in employment are important tools in this fight. By enforcing these laws, we can create a more fair and equitable workplace for everyone.

A landmark order that prohibits discrimination in employment.

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