insurance, or guarantee is not formity with Section 602 of the finally acted upon prior to the ef- Civil Rights Act of 1964 (and the fective date of this part, and it in- regulations of the administering cludes such an applicant after he department agency issued becomes a recipient of such Fed- thereunder), to the extent applieral assistance. cable. In no case shall action be SEC. 303. (a) Each administer taken with respect to an applicant ing department and agency shall pursuant to Clause (1) or (2) of be responsible for obtaining the Subsection (b) without notice and compliance of such applicants opportunity for hearing before with their undertakings under the administering department or this Order. Each administering agency, department and agency is directed SEC. 304. Any executive departto cooperate with the Secretary of ment or agency which imposes by Labor, and to furnish the Secre- rule, regulation, or other requiretary such information and assist ments of non-discrimination in ance as he may require in the per- employment, other than requireformance of his functions under ments imposed pursuant to this this Order. Order, may delegate to the Secre(b) In the event an applicant tary of Labor by agreement such fails and refuses to comply with responsibilities with respect to his undertakings, the administer compliance standards, reports, ing department or agency may and procedures as would tend to take any or all of the following bring the administration of such actions: (1) cancel, terminate, or requirements into conformity suspend in whole or in part the with the administration of reagreement, contract, or other ar- quirements imposed under this rangement with such applicant Order: Provided, That actions to with respect to which the failure effect compliance by recipients of and refusal occurred; (2) refrain Federal financial assistance with from extending any further as requirements imposed pursuant to sistance to the applicant under the Title VI of the Civil Rights Act program with respect to which the of 1964 shall be taken into confailure or refusal occurred until formity with the procedures and satisfactory assurance of future limitations prescribed in Section compliance has been received 602 thereof and the regulations of from such applicant; and (3) the administering department or refer the case to the Department agency issued thereunder. of Justice for appropriate legal proceedings. PART IV-Miscellaneous (c) Any action with respect to SEC. 401. The Secretary of Laan applicant pursuant to Subsec- bor may delegate to any officer, tion (b) shall be taken in con- agency, or employee in the Exec utive branch of the Government, effect unless and until revoked or any function or duty of the Secre- superseded by appropriate autary under Parts II and III of this thority. References in such direcOrder, except authority to pro- tives to provisions of the supermulgate rules and regulations of seded orders shall be deemed to a general nature. be references to the comparable SEC. 402. The Secretary of La provisions of this Order. bor shall provide administrative SEC. 404. The General Services support for the execution of the Administration shall take approprogram known as the "Plans for priate action to revise the standProgress.” ard Government contract forms to SEC. 403. (a) Executive Orders accord with the provisions of this Nos. 10590 (January 18, 1955), Order and of the rules and regu10722 (August 5, 1957), 10925 lations of the Secretary of Labor. (March 6, 1961), 11114 (June 22, SEC. 405. This Order shall be1963), and 11162 (July 28, 1964), come effective 30 days after the are hereby superseded and the date of this Order. President's Committee on Equal Employment Opportunity estab LYNDON B. JOHNSON lished by Executive Order No. THE WHITE HOUSE, 10925 is hereby abolished. All rec- September 24, 1965. ords and property in the custody of the Committee shall be transferred to the Civil Service Com EXECUTIVE ORDER 11375 mission and the Secretary of Labor, as appropriate. Amending Executive Order No. (b) Nothing in this Order shall 11246, Relating to Equal Employbe deemed to relieve any person of ment Opportunity any obligation assumed or imposed under or pursuant to any It is the policy of the United Executive Order superseded by States Government to provide th Order. All rules, regulations, equal opportunity in Federal emorders, instructions, designations, ployment and in employment by and other directives issued by the Federal contractors on the basis President's Committee on Equal of merit and without discriminaEmployment Opportunity and Opportunity and tion because of race, color, relithose issued by the heads of var- gion, sex or national origin. ious departments or agencies un- The Congress, by enacting Title der or pursuant to any of the Ex- VII of the Civil Rights Act of ecutive orders superseded by this 1964, enunciated a national policy Order, shall, to the extent that of equal employment opportunity they are not inconsistent with this in private employment, without Order, remain in full force and discrimination because of race, color, religion, sex or national tunity applies to every aspect of origin. Federal employment policy and Executive Order No. 11246 of practice." September 24, 1965, carried for- (2) Section 104 of Part I is reward a program of equal employ- vised to read as follows: ment opportunity in Government “SECTION 104. The Civil Service employment, employment by Fed- Commission shall provide for the eral contractors and subcontrac prompt, fair, and impartial contors and employment under sideration of all complaints of disFederally åssisted construction crimination in Federal employcontracts regardless of race, ment on the basis of race, color, creed, color or national origin. religion, sex or national origin. It is desirable that the equal Procedures for the consideration employment opportunity pro- of complaints shall include at least grams provided for in Executive one impartial review within the Order No. 11246 expressly em- executive department or agency brace discrimination on account and shall provide for appeal to of sex. the Civil Service Commission." NOW, THEREFORE, by virtue (3) Paragraphs (1) and (2) of the authority vested in me as of the quoted required contract President of the United States by provisions in section 202 of Part the Constitution and statutes of II, concerning nondiscrimination the United States, it is ordered in employment by Government that Executive Order No. 11246 contractors and subcontractors, of September 24, 1965, be are revised to read as follows: amended as follows: “(1) The contractor will not (1) Section 101 of Part I, con- discriminate against any cerning nondiscrimination in Gov- ployee or applicant for employernment employment, is revised ment because of race, color, relito read as follows: gion, sex, or national origin. The “SECTION 101. It is the policy of contractor will take affirmative the Government of the United action to ensure that applicants States to provide equal opportu- are employed, and that employees nity in Federal employment for are treated during employment, all qualified persons, to prohibit without regard to their race, discrimination in employment be- color, religion, sex or national cause of race, color, religion, sex origin. Such action shall include, or national origin, and to promote but not be limited to the followthe full realization of equal em- ing: employment, upgrading, ployment opportunity through a demotion, or transfer; recruitpositive, continuing program in ment or recruitment advertising; each executive department and layoff or termination; rates of pay agency. The policy of equal oppor- or other forms of compensation; em and selection for training, includ- porting information, to the effect ing apprenticeship. The contrac- that the signer's practices and tor agrees to post in conspicuous policies do not discriminate on the places, available to employees and grounds of race, color, religion, applicants for employment, no- sex or national origin, and that tices to be provided by the con- the signer either will affirmatively tracting officer setting forth the cooperate in the implementation provisions of this nondiscrimina- of the policy and provisions of tion clause. this order or that it consents and “(2) The contractor will, in all agrees that recruitment, employsolicitations or advertisements for ment, and the terms and condiemployees placed by or on behalf tions of employment under the of the contractor, state that all proposed contract shall be in ac cordance with the purposes and qualified applicants will receive consideration for employment provisions of the order. In the without regard to race, color, re event that the union, or the , ligion, sex or national origin.” agency shall refuse to execute such a statement, the Compliance (4) Section 203 (d) of Part II Report shall so certify and set is revised to read as follows: forth what efforts have been made “(d) The contracting agency or to secure such a statement and the Secretary of Labor may direct such additional factual material that any bidder or prospective as the contracting agency or the contractor or subcontractor shall Secretary of Labor may require.” submit, as part of his Compliance The amendments to Part I shall Report, a statement in writing, be effective 30 days after the date signed by an authorized officer or of this order. The amendments to agent on behalf of any labor union Part II shall be effective one year or any agency referring workers after the date of this order. or providing or supervising apprenticeship or other training, LYNDON B. JOHNSON with which the bidder or prospec THE WHITE HOUSE tive contractor deals, with sup- October 13, 1967. RELATED FEDERAL LAWS Other Federal laws relating to discrimination in employment include the Fifth and the Fourteenth amendments to the United States Constitution and the following, which can be obtained from the agencies listed below them: Board Section 1981 of the Civil Rights Act of 1870 Section 1983 of the Civil Rights Act of 1871 • Title VI of the Civil Rights Act of 1964 • The Fair Labor Standards Act of 1938 as amended by the Equal Pay The Wage and Hour and Public Washington, D.C. 20210 Employment Standards Administration U.S. Department of Labor Washington, D.C. 20210 Action Programs Title I of the Civil Rights Act of Civil Rights Division • Regulations of the Bureau of Ap- The Bureau of Apprenticeship and • National Labor Relations Act and related laws • Title IX of the Education Amend ments Act of 1972 (Higher Educa- U.S. Department of Health, Edu- The Railway Labor Act The National Labor Relations Many state and local government agencies have fair employment practices laws. For copies of or further information on these, contact the appropriate state or local civil rights or human rights office. ☆ U.S. GOVERNMENT PRINTING OFFICE: 1974 0—534-638 |
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