Executive Order 11478--Equal employment opportunity in the Federal
Government
Source: The provisions of Executive Order 11478 of Aug. 8, 1969,
appear at 34 FR 12985, 3 CFR, 1966-1970 Comp., p. 803, unless otherwise noted.
Under and 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 as
follows:
Section 1. It is the policy of the Government of the United States to
provide equal opportunity in Federal employment for all persons, to prohibit
discrimination in employment because of race, color, religion, sex, national
origin, handicap, or age, and to promote the full realization of equal
employment opportunity through a continuing affirmative program in each
executive department and agency. This policy of equal opportunity applies to
and must be an integral part of every aspect of personnel policy and practice
in the employment, development, advancement, and treatment of civilian employees
of the Federal Government.
[Preamble deleted and sec. 1 amended by Executive Order 12106 of Dec. 28,
1978, 44 FR 1053, 3 CFR, 1978 Comp., p. 263]
Sec. 2. The head of each executive department and agency shall
establish and maintain an affirmative program of equal employment opportunity
for all civilian employees and applicants for employment within his
jurisdiction in accordance with the policy set forth in section 1. It is the
responsibility of each department and agency head, to the maximum extent possible,
to provide sufficient resources to administer such a program in a positive and
effective manner; assure that recruitment activities reach all sources of job
candidates; utilize to the fullest extent the present skills of each employee;
provide the maximum feasible opportunity to employees to enhance their skills
so they may perform at their highest potential and advance in accordance with
their abilities; provide training and advice to managers and supervisors to
assure their understanding and implementation of the policy expressed in this
Order; assure participation at the local level with other employers, schools,
and public or private groups in cooperative efforts to improve community
conditions which affect employability; and provide for a system within the
department or agency for periodically evaluating the effectiveness with which
the policy of this Order is being carried out.
Sec. 3. The Equal Employment Opportunity Commission shall be
responsible for directing and furthering the implementation of the policy of
the Government of the United States to provide equal opportunity in Federal
employment for all employees or applicants for employment (except with regard
to aliens employed outside the limits of the United States) and to prohibit
discrimination in employment because of race, color, religion, sex, national
origin, handicap, or age.
[Sec. 3 amended by Executive Order 12106 of Dec. 28, 1978, 44 FR 1053, 3
CFR, 1978 Comp., p. 263]
Sec. 4. The Equal Employment Opportunity Commission, after consultation
with all affected departments and agencies, shall issue such rules,
regulations, orders, and instructions and request such information from the
affected departments and agencies as it deems necessary and appropriate to
carry out this Order.
[Sec. 4 amended by Executive Order 12106 of Dec. 28, 1978, 44 FR 1053, 3
CFR, 1978 Comp., p. 263]
Sec. 5. All departments and agencies shall cooperate with and assist
the Equal Employment Opportunity Commission in the performance of its functions
under this Order and shall furnish the Commission such reports and information
as it may request. The head of each department or agency shall comply with
rules, regulations, orders and instructions issued by the Equal Employment
Opportunity Commission pursuant to Section 4 of this Order.
[Sec. 5 amended by Executive Order 12106 of Dec. 28, 1978, 44 FR 1053, 3
CFR, 1978 Comp., p. 263]
Sec. 6. This Order applies (a) to military departments as defined in section
102 of title 5, United States Code, and executive agencies (other than the
General Accounting Office) as defined in section 105 of title 5, United States
Code, and to the employees thereof (including employees paid from
nonappropriated funds), and (b) to those portions of the legislative and
judicial branches of the Federal Government and of the Government of the
District of Columbia having positions in the competitive service and to the
employees in those positions. This Order does not apply to aliens employed
outside the limits of the United States.
Sec. 7. Part I of Executive Order No. 11246 of September 24, 1965,
and those parts of Executive Order No. 11375 of October 13, 1967, which apply
to Federal employment, are hereby superseded.
Sec. 8. This Order shall be applicable to the United States Postal
Service and to the Postal Rate Commission established by the Postal
Reorganization Act of 1970.
[Sec. 8 added by Executive Order 11590 of Apr. 23, 1971, 36 FR 7831, 3 CFR,
1971-1975 Comp., p. 558]