---DISCLAIMER---
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, age, sexual orientation, or status as a parent 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, to the extent
permitted by law. [Preamble deleted and sec. 1 amended by Executive Order 12106
of Dec. 28, 1978, 44 FR 1053, 3 CFR, 1978 Comp., p. 263, by Executive Order
13087 of May 28, 1998, 63 FR 30097, 3 CFR 1998 Comp., p. 191, and by Executive
Order 13152 of May 2, 2000, 65 FR 26115.]
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 its responsibilities under this Order. [Sec. 4 amended by Executive
Order 12106 of Dec. 28, 1978, 44 FR 1053, 3 CFR, 1978 Comp., p. 263, and by
Executive Order 13152 of May 2, 2000, 65 FR 26115.]
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. "Status as a parent" refers to the status of an individual who,
with respect to an individual who is under the age of 18 or who is 18 or older
but is 18 or older but is incapable of self-care because of a physical or
mental disability, is: (a) a biological parent; (b) an adoptive
parent; (c) a foster parent; (d) a stepparent (e) a custodian of a
legal ward; (f) in loco perentis over such an individual; or (g) actively
seeking legal custody or adoption of such an individual. [Section 6 added by
Executive Order 13152 of May 2, 2000, 65 FR 26115.]
Sec. 7. The Office of Personnel Management shall be authorized to
develop guidance on the provisions of this order prohibiting discrimination on
the basis of an individual's sexual orientation or status as a parent. [Sec. 6
renumbered Sec. 7 by Executive Order 13152 of May 2, 2000, 65 FR 26115.]
Sec. 8. 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. 5 renumbered Sec. 7 by Executive
Order 13152 of May 2, 2000, 65 FR 26115.]
Sec. 9. 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. 7 renumbered Sec. 9 by
Executive Order 13152 of May 2, 2000, 65 FR 26115.]
Sec. 10. 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. Sec. 8 renumbered as Sec. 10
by Executive Order 13152 of May 2, 2000, 65 FR 26115.]
Sec. 11. This Executive Order does not confer any right or benefit
enforceable in law or equity against the United States or its representatives.
[Sec. 11 added by Executive Order 13152 of May 2, 2000, 65 FR 26115.]
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