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to resolve questions of noncompli- ing of the phrase "written interance, OFCC shall give appropri- pretation or opinion of the Comate consideration to the fact that mission” to correspondence envoluntary conciliation efforts of titled “opinion letter" and signed EEOC have failed with respect to by the General Counsel on behalf such contractor.
of the Commission (29 CFR (d) EEOC and OFCC shall con- 1601.30(a)). Matter issued purduct periodic reviews of the im- suant to 29 CFR 1601.30(a) is isplementation of this agreement, sued to a specific addressee(s) and shall, on ongoing basis, con- and has no effect upon situations tinue their efforts to develop con- other than that of the specific sistent systems, procedures, and addressee(s). standards in furtherance of the Accordingly, matter appearing purposes of this agreement.
in the Quarterly and Annual Di
gests of Legal Interpretations, FEDERAL REGISTER, VOL. 35, NO. 105 FRIDAY, MAY 29, 1970
formerly issued by the Office of the General Counsel and discon
tinued subsequent to July 1, 1966, NOTICE
neither met nor were intended to Interpretations and Opinions of
meet the standards required of a the Commission
"written interpretation or opinion
of the Commission" within the The Equal Employment Oppor- meaning of the Commission's protunity Commission (hereinafter cedural regulations, 29 CFR referred to as the Commission), 1601.28–1601.30, or section 713in order to dispel an apparent (b), 42 U.S.C. section 2000e misunderstanding, on the part of 12(b). Similarly, matter appeara number of respondents, with re
ing in the commercial reporting spect to the materials constituting
services erroneously entitled, a “written interpretation or opin- "opinion letter” "General ion of the Commission" within the
Counsel Opinion” do not meet the meaning of section 713(b) of the
standard required of a "written Civil Rights Act of 1964, 42 interpretation or, opinion of the U.S.C. section 2000e-12(b), in
Commission" within the meaning vites specific attention to the pro- of the Commission's procedural visions of $ 1601.30 of the Com- regulations, 21 CFR 1601.28– mission's Procedural Regulations, 1601.30 or section 713(b), 42 29 CFR 1601.30. The provision re
U.S.C. section 2000e-12(b). ferred to has, since July 1, 1965, specifically restricted the mean- DECEMBER 9, 1970
EXECUTIVE ORDER 112461 ment opportunity for all civilian Equal Employment Opportunity employees and applicants for em
ployment within his jurisdiction Under and by virtue of the in accordance with the policy set authority vested in me as Presi- forth in Section 101. dent of the United States by SEC. 103. The Civil Service the Constitution and statutes of Commission shall supervise and the United States, it is ordered provide leadership and guidance as follows:
in the conduct of equal employ
ment opportunity programs for PART 1-Nondiscrimination in the civilian employes of and ap
Government Employment plications for employment within SECTION 101. It is the policy agencies and shall review agency
the executive departments and of the Government of the United agencies and shall review agency
program accomplishments periodStates to provide equal opportunity in Federal employment for all ically. In order to facilitate the
achievement of a model program qualified persons, to prohibit discrimination in employment be
for equal employment opportunity
in the Federal service, the Comcause of race, creed, color, or
mission may consult from time to national origin, and to promote
time with such individuals, the full realization of equal em
groups, or organizations as may ployment opportunity through a
be of assistance in improving the positive, continuing program in
Federal program and realizing each executive department and
the objectives of this part. agency. The policy of equal opportunity applies to every aspect of
SEC. 104. The Civil Service Federal employment policy and
Commission shall provide for the practice.
prompt, fair, and impartial conSEC. 102. The head of each sideration of all complaints of executive department and agency
discrimination in Federal employshall establish and maintain a
ment on the basis of race, creed, positive program of equal employ
color, or national origin. Proce
dures for the consideration of 1 See also Executive Order 11376.
complaints shall include at least
one impartial review within the this contract,
contract, the contractor executive department or agency agrees as follows: and shall provide for appeal to “(1) The contractor will not the Civil Service Commission.
discriminate against any emSEC. 105. The Civil Service ployee or applicant for employCommission shall issue such regu- ment because of race, creed, color, lations, orders, and instructions
or national origin. The contracas it deems necessary and ap- tor will take affirmative action to propriate to carry out its respon
ensure that applicants are emsibilities under this Part, and the ployed, and that employes are head of each executive depart treated during employment, withment and agency shall comply out regard to their race, creed, with the regulations, orders, and color, or national origin. Such acinstructions issued by the Com- tion shall include, but not be mission under this Part.
limited to the following: employ
ment, upgrading, demotion, or PART II-Nondiscrimination in transfer; recruitment or recruit
Employment by Government ment advertising; layoff or terContractors and Subcontrac- mination; rates of pay or other tors
forms of compensation; and se
lection for training, including Subpart A-Duties of the Secre- apprenticeship. The contractor tary of Labor
agrees to post in conspicuous
places, available to employes and SEC. 201. The Secretary of La- applicants for employment, nobor shall be responsible for the tices to be provided by the conadministration of Parts II and tracting officer setting forth the III of this Order and shall adopt provisions of this nondiscriminasuch rules and regulations and
tion clause. issue such orders as he deems
“(2) The contractor will, in all necessary and appropriate to
solicitations or advertisements for achieve the purposes thereof.
employees placed by or on behalf
of the contractor, state that all Subpart B—Contractor's Agree- qualified applicants will receive ments
consideration for employment SEC. 202. Except in contracts without regard to race, creed, exempted in accordance with Sec- color, or national origin. tion 204 of this Order, all Gov- “(3) The contractor will send ernment contracting agencies to each labor union or representshall include in every Government ative of workers with which he contract hereafter entered into has a collective bargaining agreethe following provisions:
ment or other contract or under“During the performance of standing, a notice, to be provided
by the agency contracting officer, remedies involved as provided in advising the labor union or work- Executive Order No. 11246 of ers' representative of the con- Sept. 24, 1965, or by rule, regulatractor's commitments under Sec- tion, or order of the Secretary of tion 202 of Executive Order No. Labor, or as otherwise provided 11246 of Sept. 24, 1965, and by law. shall post copies of the notice in “(7) The contractor will include conspicuous places available to the provisions of Paragraphs (1) employees and applicants for through (7) in every subcontract employment.
or purchase order unless exempted “(4) The contractor will com- by rules, regulations, or orders ply with all provisions of Execu- of the Secretary of Labor issued tive Order No. 11246 of Sept. 24, pursuant to Section 204 of Ex1965, and of the rules, regulations ecutive Order No. 11246 of Sept. and relevant orders of the Secre- 24, 1965, so that such provisions tary of Labor.
will be binding upon each subcon“(5) The contractor will fur- tractor or vendor. The contractor nish all information and reports will take such action with respect required by Executive Order No. to any subcontract or purchase 11246 of Sept., 1965, and by the order as the contracting agency rules, regulations, and orders of may direct as a means of enforcthe Secretary of Labor, or pursu- ing such provisions including ant thereto, and will permit access
sanctions for noncompliance: to his books, records, and accounts Provided, however, That in the by the contacting agency and the
event the contractor becomes inSecretary of Labor for purposes
volved in, or is threatened with, of investigation to ascertain com
litigation with a subcontractor or pliance with such rules, regula- vendor as a result of such directions, and orders.
tion by the contracting agency, “(6) In the event of the con
the contractor may request the
United States to enter into such tractor's noncompliance with the nondiscrimination clauses of this litigation to protect the interests contract or with any of such rules,
of the United States." regulations, or orders, this con- SEC. 203. (a) Each contractor tract may be cancelled, termina- having a contract containing the ted, or suspended in whole or in provisions prescribed in Section part and the contractor may be de- 202 shall file, and shall cause each clared ineligible for further Gov- of his subcontractors to file, Comernment contracts in accordance pliance Reports with the contractwith procedures authorized in ing agency or the Secretary of Executive Order No. 11246 of Labor as may be directed. ComSept. 24, 1965, and such other pliance Reports shall be filed sanctions may be imposed and within such times and shall con
tain such information as to the tor shall so certify to the conpractices, policies, programs, and tracting agency as part of its employment policies, programs, Compliance Report and shall set and employment statistics of the forth what efforts he has made contractor and each subcontrac- to obtain such information. tor, and shall be in such form, as
(d) The contracting agency or the Secretary of Labor may pre
the Secretary of Labor may scribe.
direct that any bidder or prospec(b) Bidders or prospective tive contractor or subcontractor contractors or subcontractors may shall submit, as part of his Combe required to state whether they pliance Report, a statement in have participated in any previous writing, signed by an authorized contract subject to the provisions officer or agent on behalf of any of this Order, or any preceding labor union or any agency resimilar Executive order, and in ferring workers or providing or that event to submit, on behalf supervising apprenticeship or of themselves and their proposed other training, with which the subcontractors, Compliance Re- bidder or prospective contractor ports prior to or as an initial part deals, with supporting informaof their bid or negotiation of a tion, to the effect that the signer's contract.
practices and policies do not dis(c) Whenever the contractor or
criminate on the grounds of race, subcontractor has a collective color, creed, or national origin, bargaining agreement or other and that the signer either will afcontract or understanding with a firmatively cooperate in the imlabor union or an agency refer- plementation of the policy and ring workers or providing or su
provisions of this Order or that pervising apprenticeship or train
it consents and agrees that reing for such workers, the cruitment, employment, and the Compliance Report shall include terms and conditions of employsuch information as to such labor ment under the proposed contract union's or agency's practices and
shall be in accordance with the policies affecting compliance as purposes and provisions of the the Secretary of Labor may re
Order. In the event that the union, spect: Provided, That to the ex- or the agency shall refuse to exetent such information is within cute such a statement, the Comthe exclusive possession of a labor pliance Report shall so certify and union or an agency referring set forth what efforts have been workers of providing or super
made to secure such a statement vising apprenticeship or training and such additional factual maand such labor union or agency
terial as the contracting agency or shall refuse to furnish informa- the Secretary of Labor may retion to the contractor, the contrac- quire.