Is Executive Order 11246 Revoked?

Is Executive Order 11246 Revoked?

Executive Order 11246 has played a crucial role in ensuring equal employment opportunities for workers in the United States since it was first signed into law in 1965. This order, issued by President Lyndon B. Johnson, prohibits federal contractors from engaging in employment discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin. Given the evolving landscape of labor laws and executive orders, many people are wondering.

What is Executive Order 11246?

Executive Order 11246 was signed on September 24, 1965, as part of the broader Civil Rights Movement’s push for workplace equality. It is enforced by the Office of Federal Contract Compliance Programs (OFCCP) under the U.S. Department of Labor and applies to federal contractors and subcontractors. The order requires these employers to:

  • Prohibit workplace discrimination based on race, color, religion, sex, sexual orientation, gender identity, or national origin.
  • Take affirmative action to promote equal employment opportunities for historically disadvantaged groups.
  • Ensure fair hiring and promotion practices through compliance programs and audits conducted by the OFCCP.

This executive order has been amended multiple times over the years to expand protections, most notably to include sex, sexual orientation, and gender identity under its coverage.

Is Executive Order 11246 Still in Effect?

As of January 21, 2025, Executive Order 11246 has been revoked by President Donald J. Trump through the issuance of a new executive order titled "Ending Illegal Discrimination and Restoring Merit-Based Opportunity." This action eliminates the affirmative action obligations previously imposed on federal contractors.

Key Implications of the Revocation:

  • Affirmative Action Plans: Federal contractors are no longer required to develop or maintain affirmative action programs aimed at promoting equal employment opportunities for historically disadvantaged groups.

  • Non-Discrimination Enforcement: The U.S. Department of Labor has been directed to cease all investigative and enforcement activities related to the now-rescinded Executive Order 11246.

  • Policy Shift: This move signifies a significant change in federal policy concerning affirmative action and diversity initiatives within federal contracting.

Federal contractors are advised to review this policy change carefully and assess its impact on their employment practices to ensure compliance with current federal regulations.

Contact Our EEOC Lawyers

Despite speculation and political debates, Executive Order 11246 has not been revoked and remains a key part of federal employment law. It continues to play a critical role in ensuring equal opportunities for workers employed by federal contractors. While policy changes and enforcement priorities may shift under different administrations, the fundamental protections against discrimination remain intact.

For workers and employers, staying informed about updates to Executive Order 11246 is essential. If you have concerns about workplace discrimination or compliance issues, consulting with an employment law expert can help you understand your rights and obligations.

Our federal EEOC lawyers are ready to help. Call (202) 350-3881 for a consultation or contact us online today! We’ll get back to you in 24 hours or less.