Who is subject to Executive Order 11246?
Asked by: Prof. Frank Wintheiser Jr. | Last update: April 27, 2026Score: 4.8/5 (17 votes)
Executive Order 11246, though officially revoked by Executive Order 14173 in January 2025, previously applied to federal contractors, subcontractors, and federally-assisted construction contractors with contracts over $10,000, requiring them to provide equal employment opportunity and take affirmative action against discrimination based on race, color, religion, sex, sexual orientation, gender identity, and national origin. While the original order is gone, its principles of non-discrimination continue under other laws, and new executive orders now mandate contractors to certify compliance with anti-discrimination laws and avoid violating federal statutes through DEI programs.
Who does Executive Order 11246 apply to?
Brief Background of Executive Order 11246
Among other obligations, EO 11246 required contractors and subcontractors to file compliance reports with the government that included information about the contractor's employment practices, policies, programs, and a demographic breakdown of the workplace by race and sex.
What groups are classified as minority groups under the Federal Executive Order 11246?
Under Federal Executive Order 11246 as amended, protected minority groups are defined as African Americans, Asian Americans, Hispanic Americans, and Native Americans. All women are designated a protected group.
What records must be kept under EO 11246?
Executive Order 11246 Federal contractors, subcontractors: Written affirmative action programs and supporting documentation, including required work force analysis and utilization evaluation; other records and documents relating to compliance with applicable EEO nondiscrimination and affirmative action requirements, ...
Has Executive Order 11246 been removed?
In EO 14173, President Trump rescinded EO 11246 in its entirety and ordered DOL to cease "[p]romoting diversity"; requiring federal contractors and subcontractors to engage in affirmative action; and "[a]llowing or encouraging Federal contractors and subcontractors to engage in workforce balancing based on race, color, ...
Executive Order 11246
What law makes DEI illegal?
When is a DEI initiative, policy, program, or practice unlawful under Title VII? Among other things, Title VII bars discrimination (“disparate treatment”) against applicants or employees in hiring, firing, compensation, or any term, condition, or privilege of employment.
Is there a religious exemption to EO 11246?
Bush amended Executive Order 11246 to mirror an exemption for “religious organizations” included in Title VII of the Civil Rights Act of 1964, which allows churches, religious schools, and other non-secular employers to give hiring preference to “individuals of a particular religion.”
What is the 2 year rule for contractors?
The "2-year contractor rule" isn't a single federal law but generally refers to UK tax rules (HMRC's 24-month rule) limiting travel expense claims for contractors at the same location for over two years, treating it as a permanent workplace. In the US, "2-year contractor rule" might relate to internal company policies or past attempts by the Department of Labor (DOL) to define independent contractor status, with current guidance focusing on an "economic reality" test (like permanence, control, skill) rather than a strict time limit, though rules evolve.
Which of the following is true regarding Executive Order 11246?
Option b is correct.
These executive orders require federal contractors to take affirmative action to compensate for historical discrimination against women, minorities, and individuals with disabilities. This involves implementing policies and practices that promote equal employment opportunities for these groups.
Are government contractors federal employees?
Is a Contractor a Federal Employee? The short answer is no. Generally, many federal employee rights do not apply to independent contractors of the federal government. And there are many federal agencies that outsource work to independent contractors.
Which president started Dei?
In September 1965, President Lyndon Johnson issued Executive Order 11246 which required government employers to "hire without regard to race, religion and national origin" and "take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, ...
What are the 5 recognized races?
OMB requires five minimum categories: White, Black or African American, American Indian or Alaska Native, Asian, and Native Hawaiian or Other Pacific Islander.
What are common DEI mistakes?
Mistake 1: Labeling DEI as a 'program'
Language drives behavior. DEI is often labeled as an initiative, an add-on benefit, or a program. These words are inherently tenuous, which can lead to easy program discontinuation. The word 'program' connotes a beginning and an end.
What qualifies as an EEO complaint?
An EEOC complaint qualifies if it alleges job discrimination or retaliation based on a protected characteristic like race, color, religion, sex (including pregnancy, transgender status, sexual orientation), national origin, disability, age (40+), or genetic information, covering issues like unfair hiring, firing, harassment, unequal pay, denied promotions, or failure to provide reasonable accommodations for religion or disability, all within the scope of federal EEO laws.
What is the new federal rule for contractors?
The final rule uses a totality-of-the-circumstances analysis that considers six factors, giving no individual factor predetermined weight. The factors include: Opportunity for profit or loss depending on managerial skill* Nature and degree of control*
What are the 6 protected classes under ECOA?
The Equal Credit Opportunity Act (ECOA) protects you from discrimination in credit transactions based on race, color, religion, national origin, sex (including sexual orientation/gender identity), marital status, age, receipt of public assistance income, or exercising your consumer credit rights, ensuring fair treatment for all creditworthy applicants and requiring creditors to state reasons for denial.
Who is exempt from Executive Order 11246?
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.
What are the requirements for EO 11246?
Executive Order 11246 also requires Federal contractors and subcontractors and federally-assisted construction contractors and subcontractors to take affirmative action to ensure that all individuals have an equal opportunity for employment without regard to race, color, religion, sex, or national origin.
What are the 4 elements of discrimination?
The "4 elements of discrimination" usually refer to the prima facie case in employment law: (1) belonging to a protected class, (2) being qualified for the job/meeting standards, (3) suffering an adverse action, and (4) circumstances suggesting discrimination (like being replaced by someone outside the class). Alternatively, discrimination can be broken down into four main legal types: direct, indirect, harassment, and victimisation, each with different legal tests.
How long is a contractor liable for their work?
Statutes and Contracts
For instance, in California, a general contractor is held liable for a minimum standard of construction for 10 years post-building completion, with certain defects claimable only within 1 or 4 years.
Do I have to give 4 weeks notice if it's in my contract?
If you want to leave before the last day of your contract, check if the contract says you can give notice. If it doesn't say anything, you should give at least 1 week's notice.
What are the 5 rules of contract law?
The five essential rules (elements) for a valid contract are Offer, Acceptance, Consideration, Capacity, and Legal Intent (or Legality), meaning one party makes a clear offer, the other accepts it, something of value (consideration) is exchanged, parties are legally capable, and the agreement's purpose is lawful, all with the intention of creating a binding agreement.
What categories are protected by EO 11246?
Executive Order 11246 & 11375
On September 24, 1965 President Lyndon B. Johnson issued Executive Order 11246, prohibiting employment discrimination based on race, color, religion, and national origin by those organizations receiving federal contracts and subcontracts.
Who enforced Executive Order 11246?
How is EO 11246 Enforced. In 1965, the Office of Federal Contract Compliance Programs (OFCCP) was established to ensure compliance with EO 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veterans' Readjustment Assistance Act of 1974.
How should a company with a government contract over $50,000 comply with Executive Order 11246?
Supply and service contractors that have 50 or more employees and a contract or subcontract of $50,000 or more (i.e, the “50/50 threshold”) are required to develop and maintain a written Executive Order 11246 affirmative action program.