Signed 60 years ago this week, Executive Order (EO) 11246 was a historic federal action from President Lyndon Johnson to move our country towards equal opportunity in employment. Strengthened through amendments over the last six decades, the executive order prohibited federal contractors from discriminating based on race, color, religion, sex, sexual orientation, gender identity or national origin. It also required federal contractors to take affirmative actions to ensure equal employment opportunity. E.O. 11246 served as a critical part of our civil rights laws, protecting more than one-fifth of our nation’s workforce.
But on January 21, 2025, just two days into his second term, President Trump revoked E.O. 11246 as part of a larger assault on worker and civil rights. Not only did the administration revoke the executive order, but it threatened to punish employers that are promoting diversity, equity, and inclusion in their workplaces. In the eight months since revoking the order, the Trump administration has only doubled down on its attacks on workers’ civil rights.
But the history of executive order 11246, which spans nearly nine decades, shows us that President Trump’s attacks will not stop our ongoing fight for workplace civil rights and equal employment opportunities.
The history of Executive Order 11246 shows us that those in power may resist change, but progress is possible. In 1940, as the country was preparing to enter the first World War, President Franklin D. Roosevelt resisted calls from labor and civil rights leaders to desegregate the military and defense industry. He instead argued for incremental change for “a little opportunity here, a little opportunity there.” It wasn’t until civil and labor rights leader A. Phillip Randolph organized a March on Washington for July 1, 1941 did FDR respond. Less than a week before the march was set to take place, Roosevelt signed Executive Order 8802, the first executive order prohibiting federal contractors from discriminating and a precursor to E.O. 11246.
As another example, language prohibiting sex discrimination was notably absent from E.O. 11246, as first issued in 1965. While women leaders in his administration advised Johnson to include it, the Labor Secretary argued it was not the “moment in history” to address the omission. But leaders at growing women’s organizations urged President Johnson to act. On October 13, 1967, President Johnson signed Executive Order 11375, adding prohibitions against discrimination based on sex to E.O. 11246.
The history of Executive Order 11246 shows us that we have overcome setbacks before. Enforcement for Roosevelt’s 1941 precursor to Executive Order 11246 made some progress but was underfunded and weak in the South. And even after civil rights leaders pressured Roosevelt to strengthen enforcement, Congress defunded enforcement efforts and shuttered the agency responsible at the time for ensuring federal contractors were not engaging in discrimination. Despite this setback, enforcement was restored under the Truman administration. And President Johnson’s E.O. 11246 helped establish what would later become known as the Office of Federal Contract Compliance Programs, which has helped millions of workers through its enforcement.
As President Johnson noted a few months before signing E.O. 11246, “it is not enough just to open the gates of opportunity. All our citizens must have the ability to walk through those gates.”
The legacy of Executive Order 11246 is not only part of our history, it also holds the promise that no worker should be denied opportunity because of who they are. Progress toward equity in the workplace does not happen by accident. It has always required advocacy, enforcement and political will.
As we commemorate the 60th anniversary of Executive Order 11246, we are reminded of both the progress it made possible and the urgent need for Congress to restore and strengthen its protections.
