EO11375

 Executive Order 11375

Amending Executive Order No. 11246, Relating to Equal Employment

Opportunity

It is the policy of the United States Government to provide equal

opportunity in Federal employment and in employment by Federal contractors

on the basis of merit and without discrimination because of race, color,

religion, sex or national origin.

The Congress, by enacting Title VII of the Civil Rights Act of 1964,

enunciated a national policy of equal employment opportunity in private

employment, without discrimination because of race, color, religion, sex or

national origin.

EXECUTIVE ORDER No. 11246 1 of September 24, 1965, carried forward a

program of equal employment opportunity in Government employment,

employment by Federal contractors and subcontractors and employment under

Federally assisted construction contracts regardless of race, creed, color

or national origin.

It is desirable that the equal employment opportunity programs provided for

in EXECUTIVE ORDER No. 11246 expressly embrace discrimination on account of

sex.

NOW, THEREFORE, 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 that EXECUTIVE ORDER No. 11246 of September 24, 1965, be amended as

follows:

(1) Section 101 of Part I, concerning nondiscrimination in Government

employment, is revised to read as follows:

"Sec. 101. It is the policy of the Government of the United States to

provide equal opportunity in Federal employment for all qualified persons,

to prohibit discrimination in employment because of race, color, religion,

sex or national origin, and to promote the full realization of equal

employment opportunity through a positive, continuing program in each

EXECUTIVE department and agency. The policy of equal opportunity applies to

every aspect of Federal employment policy and practice."

(2) Section 104 of Part I is revised to read as follows:

"Sec. 104. The Civil Service Commission shall provide for the prompt, fair,

and impartial consideration of all complaints of discrimination in Federal

employment on the basis of race, color, religion, sex or national origin.

Procedures for the consideration of complaints shall include at least one

impartial review within the EXECUTIVE department or agency and shall

provide for appeal to the Civil Service Commission."

(3) Paragraph (1) and (2) of the quoted required contract provisions in

section 202 of Part II, concerning nondiscrimination in employment by

Government contractors and subcontractors, are revised to read as follows:

"(1) The contractor will not discriminate against any employee or applicant

for employment because of race, color, religion, sex, or national origin.

The contractor will take affirmative action to ensure that applicants are

employed, and that employees are treated during employment, without regard

to their race, color, religion, sex or national origin. Such action shall

include, but not be limited to the following: employment, upgrading,

demotion, or transfer; recruitment or recruitment advertising; layoff or

termination; rates of pay or other forms of compensation; and selection for

training, including apprenticeship. The contractor agrees to post in

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conspicuous places, available to employees and applicants for employment,

notices to be provided by the contracting officer setting forth the

provisions of this nondiscrimination clause.

"(2) The contractor will, in all solicitations or advertisements 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 or national origin." (4) Section

203(d) of Part II is revised to read as follows:

"(d) The contracting agency or 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

officer 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 effect that the signer's practices and policies do not

discriminate on the grounds of race, color, religion, sex or national

origin, and that the signer either will affirmatively 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 efforts have been made to secure

such a statement and such additional factual material as the contracting

agency or the Secretary of Labor may require."

The amendments to Part I shall be effective 30 days after the date of this

ORDER. The amendments to Part II shall be effective one year after the date

of this ORDER.

THE WHITE HOUSE, October 13, 1967.

FOOTNOTES

Footnote 1

30 F.R. 12319; 3 CFR, 1964-1965 Comp., p. 339.



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