Images (11)
दस्तावेज़
| id |
id
575002843
|
|---|---|
| contentType |
contentType
document
|
| source |
source
import
|
Source image fields (6)
Extracted text
OCR Page 1 of 11Order No. 11246, which requires federal contractors to agree not
to discriminate because of race, color, religion, sex, or
national origin, could cover approximately 26 million workers
employed by federal contractors, which is nearly 22% of the
civilian workforce. Even a more limited order would still be a
major step forward in protecting lesbian and gay workers.
At present, in the absence of an executive order protecting
persons employed by federal contractors against discrimination
based on sexual orientation, the federal government has no
assurance that its contractors are following the type of
nondiscriminatory employment practices that the President ordered
for the civilian federal workforce last year when he signed
Executive Order No. 13087. In fact, only eleven states bar
discrimination based on sexual orientation by private employers.
Moreover, nearly half of all Fortune 500 companies and the
majority of smaller businesses do not include sexual orientation
in their corporate nondiscrimination policies.
The Executive's Procurement Powers as the Basis for an Executive
Order
Early executive action to eradicate discrimination by
federal contractors clearly did not rely on any specific
nondiscrimination statute. 58 years ago--more than two decades
before the enactment of Titles VI and VII of the Civil Rights Act
of 1964--President Franklin D. Roosevelt ordered federal agencies
to condition defense contracts on an agreement not to
discriminate based on race, creed, color, or national origin. By
the time President Kennedy signed Executive Order No. 11114 in
1963, the order covered the same broad range of federal contracts
and federally-assisted construction covered today. In 1965,
President Johnson signed the current executive order, Executive
Order No. 11246, which was subsequently amended. Nearly all
federal contracts are covered by the order.
Similarly, expanding the nondiscrimination requirements
imposed on federal contractors to include sexual orientation does
not require any additional statutory authority. The same
procurement statutes and inherent constitutional executive power
that provided authority for the executive orders on contractors-
from President Roosevelt's first order in 1941 through Executive
Order No. 11246, as amended--can provide sufficient authority for
a new executive order. The President's authority to issue those
orders has been consistently upheld by the courts.
1
A Labor Department official testified that "[a]pproximately 22
percent of the labor force (about 26 million workers) is employed
by federal contractors or subcontractors" subject to Executive
Order No. 11246. Hearings on the Office of Federal Contract
Compliance Programs Before the Subcomm. On Employer-Employee
Relations of the House Comm. on Economic and Educational
Opportunities, 104th Cong. 1st Sess. (1995) (statement of Deputy
Assistant Secretary of Labor for Federal Contract Compliance
Shirley J. Wilcher).
2
Several courts have also found additional statutory authority
for Executive Order No. 11246 in Titles VI and VII of the Civil
2