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---DISCLAIMER---
Executive Order 11246 - Equal Employment Opportunity
SOURCE: The provisions of Executive Order 11246 of Sept. 24, 1965,
appear at 30 FR 12319, 12935, 3 CFR, 1964-1965 Comp., p.339, unless
otherwise noted.
Under and by virtue of the authority vested in me as President of the
United States by the Constitution and statutes of the United States, it is
ordered as follows:
Part I - Nondiscrimination in Government Employment
[Part I superseded by EO 11478 of Aug. 8, 1969, 34 FR 12985, 3 CFR,
1966-1970 Comp., p. 803]
Part II - Nondiscrimination in Employment by Government Contractors
and Subcontractors
Subpart A - Duties of the Secretary of Labor
SEC. 201.The Secretary of Labor shall be responsible for the
administration and enforcement of Parts II and III of this Order. The
Secretary shall adopt such rules and regulations and issue such orders as
are deemed necessary and appropriate to achieve the purposes of Parts II
and III of this Order.
[Sec. 201 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, l978
Comp., p. 230]
Subpart B - Contractors' Agreements
SEC. 202. Except in contracts exempted in accordance with
Section 204 of this Order, all Government contracting agencies shall
include in every Government contract hereafter entered into the following
provisions:
During the performance of this contract, the contractor agrees as
follows:
(1) The contractor will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, or
national origin. The contractor will take affirmative action to ensure
that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex or national
origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The
contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices to be provided by the contracting
officer setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advancements for
employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment without
regard to race, color, religion, sex or national origin.
(3) The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice, to be provided by the agency
contracting officer, advising the labor union or workers' representative
of the contractor's commitments under Section 202 of Executive Order No.
11246 of September 24, 1965, and shall post copies of the notice in
conspicuous places available to employees and applicants for
employment.
(4) The contractor will comply with afl provisions of Executive Order
No. 11246 of Sept. 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
(5) The contractor will furnish all information and reports required by
Executive Order No. 11246 of September 24, 1965, and by the rules,
regulations, and orders of the Secretary of Labor, or pursuant thereto,
and will permit access to his books, records, and accounts by the
contracting agency and the Secretary of Labor for purposes of
investigation to ascertain compliance with such rules, regulations, and
orders.
(6) In the event of the contractor's noncompliance with the
nondiscrimination clauses of this contract or with any of such rules,
regulations, or orders, this contract may be cancelled, terminated, or
suspended in whole or in part and the contractor may be declared
ineligible for further Government contracts in accordance with procedures
authorized in Executive Order No. 11246 of Sept. 24, 1965, and such other
sanctions may be imposed and remedies invoked as provided in Executive
Order No. 11246 of September 24, 1965, or by rule, regulation, or order of
the Secretary of Labor, or as otherwise provided by law.
(7) The contractor will include the provisions of paragraphs (1)
through (7) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor issued pursuant to
Section 204 of Executive Order No. 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor or vendor. The
contractor win take such action with respect to any subcontract or
purchase order as may be directed by the Secretary of Labor as a means of
enforcing such provisions including sanctions for noncompliance: Provided,
however, that in the event the contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of
such direction, the contractor may request the United States to enter into
such litigation to protect the interests of the United States." [Sec. 202
amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966-1970 Comp.,
p. 684, EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p.
230]
SEC. 203. Each contractor having a contract containing the
provisions prescribed in Section 202 shall file, and shall cause each of
his subcontractors to file, Compliance Reports with the contracting agency
or the Secretary of Labor as may be directed. Compliance Reports shall be
filed within such times and shall contain such information as to the
practices, policies, programs, and employment policies, programs, and
employment statistics of the contractor and each subcontractor, and shall
be in such form, as the Secretary of Labor may prescribe.
(b) Bidders or prospective contractors or subcontractors may be
required to state whether they have participated in any previous contract
subject to the provisions of this Order, or any preceding similar
Executive order, and in that event to submit, on behalf of themselves and
their proposed subcontractors, Compliance Reports prior to or as an
initial part of their bid or negotiation of a contract.
(c) Whenever the contractor or subcontractor has a collective
bargaining agreement or other contract or understanding with a labor union
or an agency referring workers or providing or supervising apprenticeship
or training for such workers, the Compliance Report shall include such
information as to such labor union's or agency's practices and policies
affecting compliance as the Secretary of Labor may prescribe: Provided,
That to the extent such information is within the exclusive possession of
a labor union or an agency referring workers or providing or supervising
apprenticeship or training and such labor union or agency shall refuse to
furnish such information to the contractor, the contractor shall so
certify to the Secretary of Labor as part of its Compliance Report and
shall set forth what efforts he has made to obtain such information.
(d) The Secretary of Labor may direct that any bidder or prospective
contractor or subcontractor shall submit, as part of his Compliance
Report, a statement in writing, signed by an authorized officer or agent
on behalf of any labor union or any agency referring workers or providing
or supervising apprenticeship or other training, with which the bidder or
prospective contractor deals, with supporting information, to the effect
that the signer's practices and policies do not discriminate on the
grounds of race, color, religion, sex or national origin, and that the
signer either will affirmatively cooperate in the implementation of the
policy and provisions of this Order or that it consents and agrees that
recruitment, employment, and the terms and conditions of employment under
the proposed contract shall be in accordance with the purposes and
provisions of the order. In the event that the union, or the agency shall
refuse to execute such a statement, the Compliance Report shall so certify
and set forth what efforts have been made to secure such a statement and
such additional factual material as the Secretary of Labor may
require.
[Sec. 203 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR,
1966-1970 Comp., p. 684; EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR,
1978 Comp., p. 230]
SEC. 204 (a) The Secretary of Labor may, when the Secretary
deems that special circumstances in the national interest so require,
exempt a contracting agency from the requirement of including any or all
of the provisions of Section 202 of this Order in any specific
contract, subcontract, or purchase order.
(b) The Secretary of Labor may, by rule or regulation, exempt certain
classes of contracts, subcontracts, or purchase orders (1) whenever work
is to be or has been performed outside the United States and no
recruitment of workers within the limits of the United States is involved;
(2) for standard commercial supplies or raw materials; (3) involving less
than specified amounts of money or specified numbers of workers; or (4) to
the extent that they involve subcontracts below a specified tier.
(c) Section 202 of this Order shall not apply to a Government
contractor or subcontractor that is a religious corporation, association,
educational institution, or society, with respect to the employment of
individuals of a particular religion to perform work connected with the
carrying on by such corporation, association, educational institution, or
society of its activities. Such contractors and subcontractors are not
exempted or excused from complying with the other requirements contained
in this Order.
(d) The Secretary of Labor may also provide, by rule, regulation, or
order, for the exemption of facilities of a contractor that are in
all respects separate and distinct from activities of the contractor
related to the performance of the contract: provided, that such an
exemption will not interfere with or impede the effectuation of the
purposes of this Order: and provided further, that in the absence
of such an exemption all facilities shall be covered by the provisions of
this Order.''
[Sec. 204 amended by EO 13279 of Dec. 16, 2002, 67 FR 77141, 3 CFR,
2002 Comp., p. 77141 - 77144]
Subpart C - Powers and Duties of the Secretary of Labor and the
Contracting Agencies
SEC. 205. The Secretary of Labor shall be responsible for
securing compliance by all Government contractors and subcontractors with
this Order and any implementing rules or regulations. All contracting
agencies shall comply with the terms of this Order and any implementing
rules, regulations, or orders of the Secretary of Labor. Contracting
agencies shall cooperate with the Secretary of Labor and shall furnish
such information and assistance as the Secretary may require.
[Sec. 205 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978
Comp., p. 230]
SEC. 206. The Secretary of Labor may investigate the employment
practices of any Government contractor or subcontractor to determine
whether or not the contractual provisions specified in Section 202 of this
Order have been violated. Such investigation shall be conducted in
accordance with the procedures established by the Secretary of Labor.
(b) The Secretary of Labor may receive and investigate complaints by
employees or prospective employees of a Government contractor or
subcontractor which allege discrimination contrary to the contractual
provisions specified in Section 202 of this Order.
[Sec. 206 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978
Comp., p. 230]
SEC. 207. The Secretary of Labor shall use his/her best efforts,
directly and through interested Federal, State, and local agencies,
contractors, and all other available instrumentalities to cause any labor
union engaged in work under Government contracts or any agency referring
workers or providing or supervising apprenticeship or training for or in
the course of such work to cooperate in the implementation of the purposes
of this Order. The Secretary of Labor shall, in appropriate cases, notify
the Equal Employment Opportunity Commission, the Department of Justice, or
other appropriate Federal agencies whenever it has reason to believe that
the practices of any such labor organization or agency violate Title VI or
Title VII of the Civil Rights Act of 1964 or other provision of Federal
law.
[Sec. 207 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978
Comp., p. 230]
SEC. 208. The Secretary of Labor, or any agency, officer, or
employee in the executive branch of the Government designated by rule,
regulation, or order of the Secretary, may hold such hearings, public or
private, as the Secretary may deem advisable for compliance, enforcement,
or educational purposes.
(b) The Secretary of Labor may hold, or cause to be held, hearings in
accordance with Subsection of this Section prior to imposing, ordering, or
recommending the imposition of penalties and sanctions under this Order.
No order for debarment of any contractor from further Government contracts
under Section 209(6) shall be made without affording the contractor an
opportunity for a hearing.
Subpart D - Sanctions and Penalties
SEC. 209. In accordance with such rules, regulations, or orders
as the Secretary of Labor may issue or adopt, the Secretary may:
(1) Publish, or cause to be published, the names of contractors or
unions which it has concluded have complied or have failed to comply with
the provisions of this Order or of the rules, regulations, and orders of
the Secretary of Labor.
(2) Recommend to the Department of Justice that, in cases in which
there is substantial or material violation or the threat of substantial or
material violation of the contractual provisions set forth in Section 202
of this Order, appropriate proceedings be brought to enforce those
provisions, including the enjoining, within the limitations of applicable
law, of organizations, individuals, or groups who prevent directly or
indirectly, or seek to prevent directly or indirectly, compliance with the
provisions of this Order.
(3) Recommend to the Equal Employment Opportunity Commission or the
Department of Justice that appropriate proceedings be instituted under
Title VII of the Civil Rights Act of 1964.
(4) Recommend to the Department of Justice that criminal proceedings be
brought for the furnishing of false information to any contracting agency
or to the Secretary of Labor as the case may be.
(5) After consulting with the contracting agency, direct the
contracting agency to cancel, terminate, suspend, or cause to be
cancelled, terminated, or suspended, any contract, or any portion or
portions thereof, for failure of the contractor or subcontractor to comply
with equal employment opportunity provisions of the contract. Contracts
may be cancelled, terminated, or suspended absolutely or continuance of
contracts may be conditioned upon a program for future compliance approved
by the Secretary of Labor.
(6) Provide that any contracting agency shall refrain from entering
into further contracts, or extensions or other modifications of existing
contracts, with any noncomplying contractor, until such contractor has
satisfied the Secretary of Labor that such contractor has established and
will carry out personnel and employment policies in compliance with the
provisions of this Order.
(b) Pursuant to rules and regulations prescribed by the Secretary of
Labor, the Secretary shall make reasonable efforts, within a reasonable
time limitation, to secure compliance with the contract provisions of this
Order by methods of conference, conciliation, mediation, and persuasion
before proceedings shall be instituted under subsection (a)(2) of this
Section, or before a contract shall be cancelled or terminated in whole or
in part under subsection (a)(5) of this Section.
[Sec. 209 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978
Comp., p. 230]
SEC. 210. Whenever the Secretary of Labor makes a determination
under Section 209, the Secretary shall promptly notify the appropriate
agency. The agency shall take the action directed by the Secretary and
shall report the results of the action it has taken to the Secretary of
Labor within such time as the Secretary shall specify. If the contracting
agency fails to take the action directed within thirty days, the Secretary
may take the action directly.
[Sec. 210 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978
Comp., p 230]
SEC. 211. If the Secretary shall so direct, contracting agencies
shall not enter into contracts with any bidder or prospective contractor
unless the bidder or prospective contractor has satisfactorily complied
with the provisions of this Order or submits a program for compliance
acceptable to the Secretary of Labor.
[Sec. 211 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978
Comp., p. 230]
SEC. 212. When a contract has been cancelled or terminated under
Section 209(a)(5) or a contractor has been debarred from further
Government contracts under Section 209(a)(6) of this Order, because of
noncompliance with the contract provisions specified in Section 202 of
this Order, the Secretary of Labor shall promptly notify the Comptroller
General of the United States.
[Sec. 212 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978
Comp., p. 230]
Subpart E - Certificates of Merit
SEC. 213. The Secretary of Labor may provide for issuance of a
United States Government Certificate of Merit to employers or labor
unions, or other agencies which are or may hereafter be engaged in work
under Government contracts, if the Secretary is satisfied that the
personnel and employment practices of the employer, or that the personnel,
training, apprenticeship, membership, grievance and representation,
upgrading, and other practices and policies of the labor union or other
agency conform to the purposes and provisions of this Order.
SEC. 214. Any Certificate of Merit may at any time be suspended
or revoked by the Secretary of Labor if the holder thereof, in the
judgment of the Secretary, has failed to comply with the provisions of
this Order.
SEC. 215. The Secretary of Labor may provide for the exemption
of any employer, labor union, or other agency from any reporting
requirements imposed under or pursuant to this Order if such employer,
labor union, or other agency has been awarded a Certificate of Merit which
has not been suspended or revoked.
Part III - Nondiscrimination Provisions in Federally Assisted
Construction Contracts
SEC. 301. Each executive department and agency, which
administers a program involving Federal financial assistance shall require
as a condition for the approval of any grant, contract, loan, insurance,
or guarantee thereunder, which may involve a construction contract, that
the applicant for Federal assistance undertake and agree to incorporate,
or cause to be
incorporated, into all construction contracts paid for in whole or in
part with funds obtained from the Federal Government or borrowed on the
credit of the Federal Government pursuant to such grant, contract, loan,
insurance, or guarantee, or undertaken pursuant to any Federal program
involving such grant, contract, loan, insurance, or guarantee, the
provisions prescribed for Government contracts by Section 202 of this
Order or such modification thereof, preserving in substance the
contractor's obligations thereunder, as may be approved by the Secretary
of Labor, together with such additional provisions as the Secretary deems
appropriate to establish and protect the interest of the United States in
the enforcement of those obligations. Each such applicant shall also
undertake and agree (1) to assist and cooperate actively with the
Secretary of Labor in obtaining the compliance of contractors and
subcontractors with those contract provisions and with the rules,
regulations and relevant orders of the Secretary, (2) to obtain and to
furnish to the Secretary of Labor such information as the Secretary may
require for the supervision of such compliance, (3) to carry out sanctions
and penalties for violation of such obligations imposed upon contractors
and subcontractors by the Secretary of Labor pursuant to Part II, Subpart
D, of this Order, and (4) to refrain from entering into any contract
subject to this Order, or extension or other modification of such a
contract with a contractor debarred from Government contracts under Part
II, Subpart D, of this Order.
[Sec. 301 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978
Comp., p. 230]
SEC. 302."Construction contract" as used in this Order means any
contract for the construction, rehabilitation, alteration, conversion,
extension, or repair of buildings, highways, or other improvements to real
property.
(b) The provisions of Part II of this Order shall apply to such
construction contracts, and for purposes of such application the
administering department or agency shall be considered the contracting
agency referred to therein.
(c) The term "applicant" as used in this Order means an applicant for
Federal assistance or, as determined by agency regulation, other program
participant, with respect to whom an application for any grant, contract,
loan, insurance, or guarantee is not finally acted upon prior to the
effective date of this Part, and it includes such an applicant after
he/she becomes a recipient of such Federal assistance.
SEC. 303. The Secretary of Labor shall be responsible for
obtaining the compliance of such applicants with their undertakings under
this Order. Each administering department and agency is directed to
cooperate with the Secretary of Labor and to furnish the Secretary such
information and assistance as the Secretary may require in the performance
of the Secretary's functions under this Order.
(b) In the event an applicant fails and refuses to comply with the
applicant's undertakings pursuant to this Order, the Secretary of Labor
may, after consulting with the administering department or agency, take
any or all of the following actions: (1) direct any administering
department or agency to cancel, terminate, or suspend in whole or in part
the agreement, contract or other arrangement with such applicant with
respect to which the failure or refusal occurred; (2) direct any
administering department or agency to refrain from extending any further
assistance to the applicant under the program with respect to which the
failure or refusal occurred until satisfactory assurance of future
compliance has been received by the Secretary of Labor from such
applicant; and (3) refer the case to the Department of Justice or the
Equal Employment Opportunity Commission for appropriate law enforcement or
other proceedings.
(c) In no case shall action be taken with respect to an applicant
pursuant to clause (1) or (2) of subsection (b) without notice and
opportunity for hearing.
[Sec. 303 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978
Comp., p. 230]
SEC. 304. Any executive department or agency which imposes by
rule, regulation, or order requirements of nondiscrimination in
employment, other than requirements imposed pursuant to this Order, may
delegate to the Secretary of Labor by agreement such responsibilities with
respect to compliance standards, reports, and procedures as would tend to
bring the administration of such requirements into conformity with the
administration of requirements imposed under this Order: Provided, That
actions to effect compliance by recipients of Federal financial assistance
with requirements imposed pursuant to Title VI of the Civil Rights Act of
1964 shall be taken in conformity with the procedures and limitations
prescribed in Section 602 thereof and the regulations of the administering
department or agency issued thereunder.
Part IV - Miscellaneous
SEC. 401. The Secretary of Labor may delegate to any officer,
agency, or employee in the Executive branch of the Government, any
function or duty of the Secretary under Parts II and III of this
Order.
[Sec. 401 amended by EO 12086 of Oct. 5, l978, 43 FR 46501, 3 CFR, 1978
Comp., p. 230]
SEC. 402. The Secretary of Labor shall provide administrative
support for the execution of the program known as the "Plans for
Progress."
SEC. 403. Executive Orders Nos. 10590 (January 19, 1955), 10722
(August 5, 1957), 10925 (March 6, 1961), 11114 (June 22, 1963), and 11162
(July 28, 1964), are hereby superseded and the President's Committee on
Equal Employment Opportunity established by Executive Order No. 10925 is
hereby abolished. All records and property in the custody of the Committee
shall be transferred to the Office of Personnel Management and the
Secretary of Labor, as appropriate.
(b) Nothing in this Order shall be deemed to relieve any person of any
obligation assumed or imposed under or pursuant to any Executive Order
superseded by this Order. All rules, regulations, orders, instructions,
designations, and other directives issued by the President's Committee on
Equal Employment Opportunity and those issued by the heads of various
departments or agencies under or pursuant to any of the Executive orders
superseded by this Order, shall, to the extent that they are not
inconsistent with this Order, remain in full force and effect unless and
until revoked or superseded by appropriate authority. References in such
directives to provisions of the superseded orders shall be deemed to be
references to the comparable provisions of this Order.
[Sec. 403 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978
Comp., p, 264]
SEC. 404. The General Services Administration shall take
appropriate action to revise the standard Government contract forms to
accord with the provisions of this Order and of the rules and regulations
of the Secretary of Labor.
SEC. 405. This Order shall become effective thirty days after
the date of this Order.
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