Executive Order 11246.pdf

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Order Secretary Labor contract execute Order contractor
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[Part I superseded by Executive Order 11478 of Aug. 8, 1969, 34 FR 12985, 3 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 Executive Order 12086 of Oct. 5, 1978, 43 FR 46501, 3 
CFR, 1978 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 advertisements 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 all 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 will 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 Executive Order 11375 of Oct. 13, 1967, 32 FR 14303, 3 
CFR, 1966-1970 Comp., p. 684; Executive Order 12086 of Oct. 5, 1978, 43 FR 
46501, 3 CFR, 1978 Comp., p. 230] 
Sec. 203. (a) 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 Executive Order 11375 of Oct. 13, 1967, 32 FR 14303, 3 
CFR, 1966-1970 Comp., p. 684.; Executive Order 12086 of Oct. 5, 1978, 43 FR 
46501, 3 CFR, 1978 Comp., p. 230] 
Sec. 204. The Secretary of Labor may, when he 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. The Secretary 
of Labor may, by rule or regulation, also 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. The Secretary of Labor may also provide, by rule, regulation, or 
order, for the exemption of facilities of a contractor which 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. 
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 Executive Order 12086 of Oct. 5, 1978, 43 FR 46501, 3 
CFR, 1978 Comp., p. 230] 
Sec. 206. (a) 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 Executive Order 12086 of Oct. 5, 1978, 43 FR 46501, 3 
CFR, 1978 Comp., p. 230] 
Sec. 207. The Secretary of Labor shall use his 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 Executive Order 12086 of Oct. 5, 1978, 43 FR 46501, 3 
CFR, 1978 Comp., p. 230] 
Sec. 208. (a) 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 (a) 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(a)(6) shall be made without affording the contractor an opportunity 
for a hearing. 
Subpart D--Sanctions and Penalties 
Sec. 209. (a) 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 Executive Order 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 Executive Order 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 Executive Order 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 Executive Order 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 Executive Order 12086 of Oct. 5, 1978, 43 FR 46501, 3 
CFR, 1978 Comp., p. 230] 
Sec. 302. (a) "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 becomes a recipient of such Federal 
assistance. 
Sec. 303. (a) 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 Executive Order 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 Executive Order 12086 of Oct. 5, 1978, 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. (a) 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 Executive Order 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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