Executive Order No. 11246 of 1965 (E.O. 11246) | Practical Law

Executive Order No. 11246 of 1965 (E.O. 11246) | Practical Law

Executive Order No. 11246 of 1965 (E.O. 11246)

Executive Order No. 11246 of 1965 (E.O. 11246)

Practical Law Glossary Item 6-507-0240 (Approx. 3 pages)

Glossary

Executive Order No. 11246 of 1965 (E.O. 11246)

An order issued by President Lyndon B. Johnson in 1965 that applies to federal contractors, subcontractors, and federally-assisted construction contractors and subcontractors whose contracts exceed $10,000. The executive order:
  • Prohibits employment discrimination based on:
    • race;
    • color;
    • religion;
    • sex; or
    • national origin.
  • Requires affirmative action to ensure equal employment opportunities.
  • Conditions payment under federal contracts on compliance with affirmative action obligations.
  • Bars contractors that fail to comply with their affirmative action obligations from contracting further with the federal government.
E.O. 11246 imposes other requirements on covered contractors and subcontractors, including:
  • Depending on the size of the contractor and contract, developing a formal written affirmative action plan that meets specified requirements.
  • Maintaining certain employment records about the above protected classifications, including job listings, applications, and employee files relevant to:
    • recruitment;
    • hiring; and
    • employment actions.
  • Posting nondiscrimination policies conspicuously.
  • Submitting an annual report (EEO-1 Report) on the number of employees in various demographics to the Office of Federal Contract Compliance Programs (OFCCP) within the Department of Labor (DOL), which enforces E.O. 11246.
(41 C.F.R. §§ 60-1.1 to 60-2.35.)
For more information, see Practice Note, Affirmative Action: Overview.