Executive Order 11246

4/19/2021

Executive Order 11246, As Amended | U.S. Department of Labor

U.S. DEPARTMENT OF LABOR

O ice of Federal Contract Compliance Programs

Executive Order 11246, As Amended
Executive Order 11246 — Equal Employment Opportunity
SOURCE: The provisions of Executive Order 11246 of Sept. 24, 1965, appear at 30 FR 12319, 12935, 3 CFR, 1964–1965 Comp., p.339,
unless otherwise noted.
Under and by virtue of the authority vested in me as President of the United States by the Constitution and statutes of the United
States, it is ordered as follows:

Part I — Nondiscrimination in Government Employment
[Part I superseded by EO 11478 of Aug. 8, 1969, 34 FR 12985, 3 CFR, 1966–1970 Comp., p. 803]

Part II - Nondiscrimination in Employment by Government
Contractors and Subcontractors
Subpart A – Duties of the Secretary of Labor
SEC. 201
The Secretary of Labor shall be responsible for the administration and enforcement of Parts II and III of this Order. The Secretary
shall adopt such rules and regulations and issue such orders as are deemed necessary and appropriate to achieve the purposes of
Parts II and III of this Order.
[Sec. 201 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, l978 Comp., p. 230]

Subpart B – Contractors’ Agreements
SEC. 202
Except in contracts exempted in accordance with Section 204 of this Order, all Government contracting agencies shall include in
every Government contract herea er entered into the following provisions:
During the performance of this contract, the contractor agrees as follows:
1. The contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The contractor will take a irmative action to ensure
that applicants are employed, and that employees are treated during
employment, without regard to their race, color, religion, sex, sexual
orientation, gender identity, or national origin. Such action shall include, but
not be limited to the following: employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layo or termination; rates of pay or
other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be provided by the
contracting o icer setting forth the provisions of this nondiscrimination clause.
2. The contractor will, in all solicitations or advancements for employees placed
by or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex,
sexual orientation, gender identity, or national origin.
3. The contractor will not discharge or in any other manner discriminate against
any employee or applicant for employment because such employee or
applicant has inquired about, discussed, or disclosed the compensation of the
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Executive Order 11246, As Amended | U.S. Department of Labor

employee or applicant or another employee or applicant. This provision shall
not apply to instances in which an employee who has access to the
compensation information of other employees or applicants as a part of such
employee’s essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to
such information, unless such disclosure is in response to a formal complaint or
charge, in furtherance of an investigation, proceeding, hearing, or action,
including an investigation conducted by the employer, or is consistent with the
contractor’s legal duty to furnish information.
4. The contractor will send to each labor union or representative of workers with
which he has a collective bargaining agreement or other contract or
understanding, a notice, to be provided by the agency contracting o icer,
advising the labor union or workers’ representative of the contractor’s
commitments under Section 202 of Executive Order No. 11246 of September 24,
1965, and shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
5. The contractor will comply with all provisions of Executive Order No. 11246 of
Sept. 24, 1965, and of the rules, regulations, and relevant orders of the
Secretary of Labor.
6. The contractor will furnish all information and reports required by Executive
Order No. 11246 of September 24, 1965, and by the rules, regulations, and
orders of the Secretary of Labor, or pursuant thereto, and will permit access to
his books, records, and accounts by the contracting agency and the Secretary
of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
7. In the event of the contractor’s noncompliance with the nondiscrimination
clauses of this contract or with any of such rules, regulations, or orders, this
contract may be cancelled, terminated, or suspended in whole or in part and
the contractor may be declared ineligible for further Government contracts in
accordance with procedures authorized in Executive Order No. 11246 of Sept.
24, 1965, and such other sanctions may be imposed and remedies invoked as
provided in Executive Order No. 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
8. The contractor will include the provisions of paragraphs (1) through (8) in every
subcontract or purchase order unless exempted by rules, regulations, or orders
of the Secretary of Labor issued pursuant to Section 204 of Executive Order No.
11246 of September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The contractor will take such action with respect to
any subcontract or purchase order as may be directed by the Secretary of Labor
as a means of enforcing such provisions including sanctions for
noncompliance: Provided, however, that in the event the contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a
result of such direction, the contractor may request the United States to enter
into such litigation to protect the interests of the United States. [Sec. 202
amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966–1970 Comp.,
p. 684, EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230, EO
13665 of April 8, 2014, 79 FR 20749, EO 13672 of July 21, 2014, 79 FR 42971]
SEC. 203
a. Each contractor having a contract containing the provisions prescribed in
Section 202 shall file, and shall cause each of his subcontractors to file,
Compliance Reports with the contracting agency or the Secretary of Labor as
may be directed. Compliance Reports shall be filed within such times and shall
contain such information as to the practices, policies, programs, and
employment policies, programs, and employment statistics of the contractor
and each subcontractor, and shall be in such form, as the Secretary of Labor
may prescribe.
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Executive Order 11246, As Amended | U.S. Department of Labor

b. Bidders or prospective contractors or subcontractors may be required to state
whether they have participated in any previous contract subject to the
provisions of this Order, or any preceding similar Executive order, and in that
event to submit, on behalf of themselves and their proposed subcontractors,
Compliance Reports prior to or as an initial part of their bid or negotiation of a
contract.
c. Whenever the contractor or subcontractor has a collective bargaining
agreement or other contract or understanding with a labor union or an agency
referring workers or providing or supervising apprenticeship or training for
such workers, the Compliance Report shall include such information as to such
labor union’s or agency’s practices and policies a ecting compliance as the
Secretary of Labor may prescribe: Provided, that to the extent such information
is within the exclusive possession of a labor union or an agency referring
workers or providing or supervising apprenticeship or training and such labor
union or agency shall refuse to furnish such information to the contractor, the
contractor shall so certify to the Secretary of Labor as part of its Compliance
Report and shall set forth what e orts he has made to obtain such information.
d. The Secretary of Labor may direct that any bidder or prospective contractor or
subcontractor shall submit, as part of his Compliance Report, a statement in
writing, signed by an authorized o icer or agent on behalf of any labor union or
any agency referring workers or providing or supervising apprenticeship or
other training, with which the bidder or prospective contractor deals, with
supporting information, to the e ect that the signer’s practices and policies do
not discriminate on the grounds of race, color, religion, sex, sexual orientation,
gender identity, or national origin, and that the signer either will a irmatively
cooperate in the implementation of the policy and provisions of this Order or
that it consents and agrees that recruitment, employment, and the terms and
conditions of employment under the proposed contract shall be in accordance
with the purposes and provisions of the order. In the event that the union, or
the agency shall refuse to execute such a statement, the Compliance Report
shall so certify and set forth what e orts have been made to secure such a
statement and such additional factual material as the Secretary of Labor may
require.
[Sec. 203 amended by EO 11375 of Oct. 13, 1967, 32 FR 14303, 3 CFR, 1966–1970 Comp., p. 684; EO 12086 of Oct. 5, 1978, 43 FR
46501, 3 CFR, 1978 Comp., p. 230, EO 13672 of July 21, 2104, 79 FR 42971]
SEC. 204
a. The Secretary of Labor may, when the Secretary deems that special
circumstances in the national interest so require, exempt a contracting agency
from the requirement of including any or all of the provisions of Section 202 of
this Order in any specific contract, subcontract, or purchase order.
b. The Secretary of Labor may, by rule or regulation, exempt certain classes of
contracts, subcontracts, or purchase orders (1) whenever work is to be or has
been performed outside the United States and no recruitment of workers
within the limits of the United States is involved; (2) for standard commercial
supplies or raw materials; (3) involving less than specified amounts of money or
specified numbers of workers; or (4) to the extent that they involve
subcontracts below a specified tier.
c. Section 202 of this Order shall not apply to a Government contractor or
subcontractor that is a religious corporation, association, educational
institution, or society, with respect to the employment of individuals of a
particular religion to perform work connected with the carrying on by such
corporation, association, educational institution, or society of its activities.
Such contractors and subcontractors are not exempted or excused from
complying with the other requirements contained in this Order.

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Executive Order 11246, As Amended | U.S. Department of Labor

d. The Secretary of Labor may also provide, by rule, regulation, or order, for the
exemption of facilities of a contractor that are in all respects separate and
distinct from activities of the contractor related to the performance of the
contract: provided, that such an exemption will not interfere with or impede
the e ectuation of the purposes of this Order: and provided further, that in the
absence of such an exemption all facilities shall be covered by the provisions of
this Order.
[Sec. 204 amended by EO 13279 of Dec. 16, 2002, 67 FR 77141, 3 CFR, 2002 Comp., p. 77141 – 77144]

Subpart C – Powers and Duties of the Secretary of Labor and the Contracting Agencies
SEC. 205
The Secretary of Labor shall be responsible for securing compliance by all Government contractors and subcontractors with this
Order and any implementing rules or regulations. All contracting agencies shall comply with the terms of this Order and any
implementing rules, regulations, or orders of the Secretary of Labor. Contracting agencies shall cooperate with the Secretary of
Labor and shall furnish such information and assistance as the Secretary may require.
[Sec. 205 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]
SEC. 206
a. The Secretary of Labor may investigate the employment practices of any
Government contractor or subcontractor to determine whether or not the
contractual provisions specified in Section 202 of this Order have been violated.
Such investigation shall be conducted in accordance with the procedures
established by the Secretary of Labor.
b. The Secretary of Labor may receive and investigate complaints by employees or
prospective employees of a Government contractor or subcontractor which
allege discrimination contrary to the contractual provisions specified in Section
202 of this Order.
[Sec. 206 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]
SEC. 207
The Secretary of Labor shall use his/her best e orts, directly and through interested Federal, State, and local agencies, contractors,
and all other available instrumentalities to cause any labor union engaged in work under Government contracts or any agency
referring workers or providing or supervising apprenticeship or training for or in the course of such work to cooperate in the
implementation of the purposes of this Order. The Secretary of Labor shall, in appropriate cases, notify the Equal Employment
Opportunity Commission, the Department of Justice, or other appropriate Federal agencies whenever it has reason to believe that
the practices of any such labor organization or agency violate Title VI or Title VII of the Civil Rights Act of 1964 or other provision of
Federal law.
[Sec. 207 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]
SEC. 208
a. The Secretary of Labor, or any agency, o icer, or employee in the executive
branch of the Government designated by rule, regulation, or order of the
Secretary, may hold such hearings, public or private, as the Secretary may
deem advisable for compliance, enforcement, or educational purposes.
b. The Secretary of Labor may hold, or cause to be held, hearings in accordance
with Subsection of this Section prior to imposing, ordering, or recommending
the imposition of penalties and sanctions under this Order. No order for
debarment of any contractor from further Government contracts under Section
209(6) shall be made without a ording the contractor an opportunity for a
hearing.

Subpart D – Sanctions and Penalties
SEC. 209
In accordance with such rules, regulations, or orders as the Secretary of Labor may issue or adopt, the Secretary may:
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1. Publish, or cause to be published, the names of contractors or unions which it
has concluded have complied or have failed to comply with the provisions of
this Order or of the rules, regulations, and orders of the Secretary of Labor.
2. Recommend to the Department of Justice that, in cases in which there is
substantial or material violation or the threat of substantial or material
violation of the contractual provisions set forth in Section 202 of this Order,
appropriate proceedings be brought to enforce those provisions, including the
enjoining, within the limitations of applicable law, of organizations, individuals,
or groups who prevent directly or indirectly, or seek to prevent directly or
indirectly, compliance with the provisions of this Order.
3. Recommend to the Equal Employment Opportunity Commission or the
Department of Justice that appropriate proceedings be instituted under Title
VII of the Civil Rights Act of 1964.
4. Recommend to the Department of Justice that criminal proceedings be brought
for the furnishing of false information to any contracting agency or to the
Secretary of Labor as the case may be.
5. A er consulting with the contracting agency, direct the contracting agency to
cancel, terminate, suspend, or cause to be cancelled, terminated, or
suspended, any contract, or any portion or portions thereof, for failure of the
contractor or subcontractor to comply with equal employment opportunity
provisions of the contract. Contracts may be cancelled, terminated, or
suspended absolutely or continuance of contracts may be conditioned upon a
program for future compliance approved by the Secretary of Labor.
6. Provide that any contracting agency shall refrain from entering into further
contracts, or extensions or other modifications of existing contracts, with any
noncomplying contractor, until such contractor has satisfied the Secretary of
Labor that such contractor has established and will carry out personnel and
employment policies in compliance with the provisions of this Order.
(b) Pursuant to rules and regulations prescribed by the Secretary of Labor, the Secretary shall make reasonable e orts, within a
reasonable time limitation, to secure compliance with the contract provisions of this Order by methods of conference, conciliation,
mediation, and persuasion before proceedings shall be instituted under subsection (a)(2) of this Section, or before a contract shall
be cancelled or terminated in whole or in part under subsection (a)(5) of this Section.
[Sec. 209 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]
SEC. 210
Whenever the Secretary of Labor makes a determination under Section 209, the Secretary shall promptly notify the appropriate
agency. The agency shall take the action directed by the Secretary and shall report the results of the action it has taken to the
Secretary of Labor within such time as the Secretary shall specify. If the contracting agency fails to take the action directed within
thirty days, the Secretary may take the action directly.
[Sec. 210 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p 230]
SEC. 211
If the Secretary shall so direct, contracting agencies shall not enter into contracts with any bidder or prospective contractor unless
the bidder or prospective contractor has satisfactorily complied with the provisions of this Order or submits a program for
compliance acceptable to the Secretary of Labor.
[Sec. 211 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]
SEC. 212
When a contract has been cancelled or terminated under Section 209(a)(5) or a contractor has been debarred from further
Government contracts under Section 209(a)(6) of this Order, because of noncompliance with the contract provisions specified in
Section 202 of this Order, the Secretary of Labor shall promptly notify the Comptroller General of the United States.
[Sec. 212 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]

Subpart E – Certi cates of Merit
SEC. 213
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The Secretary of Labor may provide for issuance of a United States Government Certificate of Merit to employers or labor unions, or
other agencies which are or may herea er be engaged in work under Government contracts, if the Secretary is satisfied that the
personnel and employment practices of the employer, or that the personnel, training, apprenticeship, membership, grievance and
representation, upgrading, and other practices and policies of the labor union or other agency conform to the purposes and
provisions of this Order.
SEC. 214
Any Certificate of Merit may at any time be suspended or revoked by the Secretary of Labor if the holder thereof, in the judgment of
the Secretary, has failed to comply with the provisions of this Order.
SEC. 215
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.

Part III – Nondiscrimination Provisions in Federally Assisted
Construction Contracts
SEC. 301
Each executive department and agency, which administers a program involving Federal financial assistance shall require as a
condition for the approval of any grant, contract, loan, insurance, or guarantee thereunder, which may involve a construction
contract, that the applicant for Federal assistance undertake and agree to incorporate, or cause to be incorporated, into all
construction contracts paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of
the Federal Government pursuant to such grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal
program involving such grant, contract, loan, insurance, or guarantee, the provisions prescribed for Government contracts by
Section 202 of this Order or such modification thereof, preserving in substance the contractor’s obligations thereunder, as may be
approved by the Secretary of Labor, together with such additional provisions as the Secretary deems appropriate to establish and
protect the interest of the United States in the enforcement of those obligations. Each such applicant shall also undertake and
agree (1) to assist and cooperate actively with the Secretary of Labor in obtaining the compliance of contractors and subcontractors
with those contract provisions and with the rules, regulations and relevant orders of the Secretary, (2) to obtain and to furnish to
the Secretary of Labor such information as the Secretary may require for the supervision of such compliance, (3) to carry out
sanctions and penalties for violation of such obligations imposed upon contractors and subcontractors by the Secretary of Labor
pursuant to Part II, Subpart D, of this Order, and (4) to refrain from entering into any contract subject to this Order, or extension or
other modification of such a contract with a contractor debarred from Government contracts under Part II, Subpart D, of this Order.
[Sec. 301 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]

SEC. 302
a. “Construction contract” as used in this Order means any contract for the
construction, rehabilitation, alteration, conversion, extension, or repair of
buildings, highways, or other improvements to real property.
b. The provisions of Part II of this Order shall apply to such construction contracts,
and for purposes of such application the administering department or agency
shall be considered the contracting agency referred to therein.
c. The term “applicant” as used in this Order means an applicant for Federal
assistance or, as determined by agency regulation, other program participant,
with respect to whom an application for any grant, contract, loan, insurance, or
guarantee is not finally acted upon prior to the e ective date of this Part, and it
includes such an applicant a er he/she becomes a recipient of such Federal
assistance.

SEC. 303
a. The Secretary of Labor shall be responsible for obtaining the compliance of
such applicants with their undertakings under this Order. Each administering
department and agency is directed to cooperate with the Secretary of Labor
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and to furnish the Secretary such information and assistance as the Secretary
may require in the performance of the Secretary’s functions under this Order.
b. In the event an applicant fails and refuses to comply with the applicant’s
undertakings pursuant to this Order, the Secretary of Labor may, a er
consulting with the administering department or agency, take any or all of the
following actions: (1) direct any administering department or agency to cancel,
terminate, or suspend in whole or in part the agreement, contract or other
arrangement with such applicant with respect to which the failure or refusal
occurred; (2) direct any administering department or agency to refrain from
extending any further assistance to the applicant under the program with
respect to which the failure or refusal occurred until satisfactory assurance of
future compliance has been received by the Secretary of Labor from such
applicant; and (3) refer the case to the Department of Justice or the Equal
Employment Opportunity Commission for appropriate law enforcement or
other proceedings.
c. In no case shall action be taken with respect to an applicant pursuant to clause
(1) or (2) of subsection (b) without notice and opportunity for hearing.
[Sec. 303 amended by EO 12086 of Oct. 5, 1978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]

SEC. 304
Any executive department or agency which imposes by rule, regulation, or order requirements of nondiscrimination in
employment, other than requirements imposed pursuant to this Order, may delegate to the Secretary of Labor by agreement such
responsibilities with respect to compliance standards, reports, and procedures as would tend to bring the administration of such
requirements into conformity with the administration of requirements imposed under this Order: Provided, That actions to e ect
compliance by recipients of Federal financial assistance with requirements imposed pursuant to Title VI of the Civil Rights Act of
1964 shall be taken in conformity with the procedures and limitations prescribed in Section 602 thereof and the regulations of the
administering department or agency issued thereunder.

Part IV – Miscellaneous
SEC. 401
The Secretary of Labor may delegate to any o icer, agency, or employee in the Executive branch of the Government, any function
or duty of the Secretary under Parts II and III of this Order.
[Sec. 401 amended by EO 12086 of Oct. 5, l978, 43 FR 46501, 3 CFR, 1978 Comp., p. 230]

SEC. 402
The Secretary of Labor shall provide administrative support for the execution of the program known as the “Plans for Progress.”

SEC. 403
a. Executive Orders Nos. 10590 (January 19, 1955), 10722 (August 5, 1957), 10925
(March 6, 1961), 11114 (June 22, 1963), and 11162 (July 28, 1964), are hereby
superseded and the President’s Committee on Equal Employment Opportunity
established by Executive Order No. 10925 is hereby abolished. All records and
property in the custody of the Committee shall be transferred to the O ice of
Personnel Management and the Secretary of Labor, as appropriate.
b. Nothing in this Order shall be deemed to relieve any person of any obligation
assumed or imposed under or pursuant to any Executive Order superseded by
this Order. All rules, regulations, orders, instructions, designations, and other
directives issued by the President’s Committee on Equal Employment
Opportunity and those issued by the heads of various departments or agencies
under or pursuant to any of the Executive orders superseded by this Order,
shall, to the extent that they are not inconsistent with this Order, remain in full
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force and e ect unless and until revoked or superseded by appropriate
authority. References in such directives to provisions of the superseded orders
shall be deemed to be references to the comparable provisions of this Order.
[Sec. 403 amended by EO 12107 of Dec. 28, 1978, 44 FR 1055, 3 CFR, 1978 Comp., p, 264]

SEC. 404
The General Services Administration shall take appropriate action to revise the standard Government contract forms to accord with
the provisions of this Order and of the rules and regulations of the Secretary of Labor.

SEC. 405
This Order shall become e ective thirty days a er the date of this Order.

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