Since 1965, employers who contract with the federal government - directly or indirectly as subcontractors - have had affirmative action obligations in addition to the anti-discrimination requirements that apply to all employers under Title VII. Executive Order 11246 (EO 11246) prohibits discrimination against applicants and employees on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin and requires covered employers to take affirmative action on behalf of women and racial minorities, as well as individuals with a disability and protected veterans. The order and the affirmative action regulations are enforced by the Office of Federal Contract Compliance Programs (OFCCP) in the U.S. Department of Labor (DOL). Covered federal contractors or subcontractors are also required to comply with Section 503 of the Rehabilitation Act (Rehabilitation Act), regarding individuals with disabilities and with the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA), regarding protected veterans. Construction contractors meeting the threshold requirements also have affirmative action requirements, but those differ significantly from the supply and service contractors’ requirements.
EO 11246 applies to contracts for the furnishing of supplies or services or for the use of real or personal property, including leases – regardless of whether the...
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