The federal government imposes substantial non-discrimination and affirmative action obligations upon federal government contractors. Executive Order 11246 (EO 11246), Section 503 of the Rehabilitation Act (Section 503), and the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA), as amended by the Jobs for Veterans Act (JVA), all impose non-discrimination and affirmative action obligations upon private contractors who provide goods or services to the federal government or who perform federal or federally assisted construction work.
Executive Order 11246 (originally issued by President Johnson) prohibits discrimination in hiring or employment opportunities based upon race, color, national origin, sex, or religion, and it also mandates affirmative action to ensure that applicants and employees are treated without regard to their race, color, national origin, sex, or religion. A recent directive issued by the Office of Federal Contract Compliance Programs (OFCCP) makes clear that discrimination on the basis of sex that is prohibited by EO 11246 includes discrimination on the basis of gender identity or transgender status. President Obama signed a new Executive Order 13672 in July 2014 that amended EO 11246 to expressly include sexual orientation and gender identity as protected categories. There is currently no requirement to track information related to...
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