Press Statement
Trump Executive Order Paves the Way for Discrimination in Federal Contracting and Undermines Equal Opportunities for Women

History of EO 11246: https://www.youtube.com/watch?v=8JcPpBZYlxM

Pres. Trump has issued an Executive Order that would roll back a 60 year old civil rights order (EO 11246) that helps protect workers from discrimination.

Statement of Jocelyn Frye, President of the National Partnership for Women & Families

WASHINGTON, D.C. – January 22, 2024 – “Elections have consequences and sadly we are seeing those in real time under this new Trump administration. The President’s rescinding of the landmark Executive Order 11246 makes clear the emptiness of his campaign promises to create opportunities for everyone, including women, communities of color, and all workers. Neither invoking the legacy of Dr. King nor mouthing the promise of equality enshrined in our constitution is sufficient to provide cover for actions dismantling key civil rights enforcement tools. Rather, it reveals a profound lack of commitment to an understanding of the work needed to combat discrimination.

This particular executive order, 60 years old this year, has withstood the test of time under multiple Republican and Democratic administrations to help ensure that contractors who receive billions of dollars in federal funds are not engaging in discrimination, and it has been a critical part of ensuring equal opportunity in this country.

Executive Order 11246, which is enforced by the Office of Federal Contract Compliance Programs (OFCCP) at the Department of Labor, was one of the actions taken by President Lyndon Johnson to tackle job discrimination and respond to the demands of civil rights leaders such as Dr. Martin Luther King Jr. and A. Phillip Randolph. The order was needed, in part, because it was not enough to have laws prohibiting discrimination such as the Civil Rights Act which had been passed one year earlier in 1964 – discrimination would operate business as usual unless there was a mechanism to ensure contractors were complying with the law. The order was an important step forward, because it enabled enforcement officials to make the promise of the law a reality in practice, to examine whether contractors were taking concrete steps to eliminate discrimination or just preserving the status quo. In its current form, prior to its rescission, EO 11246 outlawed discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin and it required those that contract with the federal government to actively advance equal opportunity.

EO 11246 has been an especially important tool for rooting out different forms of gender discrimination. For example, it provided the foundation for compliance efforts to increase the number of women in upper level, higher paying jobs in leadership. It helped unearth pay discrimination that is often invisible and hard to find – among its protections are rules to prohibit contractors from discriminating against employees who discuss their compensation at work – a tool that can help provide transparency and eliminate pay disparities. These efforts have opened up the workforce to people of all backgrounds ensuring that our nation is drawing on the best talent that our country has to offer – and in particular have made our workforce and economy more friendly to women.

Rolling back this order clears up any doubts about whether this incoming administration will protect people or profits. Or, whether it will fulfill its obligation to fight discrimination or shield bad actors who seek to exploit America’s workers and roll back the clock to a time when overt discrimination was the rule of the day. But we will not go back. We at the Partnership will work with our allies and all those on the side of justice to do all we can to protect the gains that were made by fearless leaders who went before us. Continuing this fight is the true legacy of Dr. King.”

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About the National Partnership for Women & Families

The National Partnership for Women & Families is a nonprofit, nonpartisan advocacy group dedicated to promoting fairness in the workplace, reproductive health and rights, access to quality, affordable health care and policies that help all people meet the dual demands of work and family.

More information is available at NationalPartnership.org.

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