The Facts About
Executive Order 11246
President Trump’s election mandate includes ensuring that fair employment opportunities are available to all Americans so that everyone can succeed based on his or her individual merit and ambitions.
He can demand merit and equal treatment for all in America's federal contractor workplaces.
What is EO 11246?
Executive Order 11246 issued in 1965 by President Lyndon Johnson requires that federal contractors ensure that applicants are employed, and that employees are treated during employment, without regard to racial, gender or other extraneous characteristics.
EO 11246 is not about Corporate Diversity, Equity and Inclusion
Contrary to the myths surrounding the order, Executive Order 11246 was never about corporate “diversity/equity/inclusion” (“DEI”) programs that may include unlawful set asides and quotas.
EO 11246 is focused on ensuring that federal contractors do not take race, sex, or other demographic characteristics into account when making employment decisions. Many corporate DEI programs, in contrast, appear to encourage consideration of precisely such characteristics – and are in violation and therefore contrary to the EO’s anti-discrimination mandate.
Why President Donald Trump should not Repeal Executive Order 11246
EO 11246 is the most useful tool the federal government has to promote true non-discrimination by federal contractors and to stop corporate practices that violate non-discrimination laws and merit principles. EO 11246 should be deployed to end unlawful DEI programs that stray from the bedrock principle that opportunity should not be based on race, gender or other non-merit characteristics
Who will benefit from Executive Order 11246
Executive Order 11246 is a tool for ALL Americans – not just those often seen in traditional DEI narratives. Workers of all races, ages, faiths and backgrounds need protection.
The OFCCP is key to helping President Trump protect workers
Only the OFCCP has the ability to conduct focused contract compliance audits to ensure that merit systems are in place and being followed. Unlike the EEOC, therefore, the OFCCP has the ability to eliminate discrimination even when contractors’ individual workers are not aware that they are being unlawfully denied opportunities.
President Trump should direct the U.S. Department of Labor to robustly enforce EO 11246 and make work fair again.