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Executive Order 11478

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Executive Order 11478 was signed by President of the United States Richard M. Nixon on August 8, 1969, prohibiting discrimination on certain grounds in the competitive service of the federal civilian workforce, including the United States Postal Service and civilian employees of the United States Armed Forces. [1] In 1969, Executive Order 11478 integrated the Federal Women's Program (FWP) into the Equal Employment Opportunity (EEO) Program and placed the FWP under the direction of EEO for each agency.[2] The passing of Executive Order 11478 in 1969 required agencies to establish and maintain affirmative EEO programs. The Order also brought the Federal Women's Program into the overall EEO Program and placed it under the stewardship of the Director of EEO. The Federal Personnel Manual 713 was issued to carry out Executive Order 11478. The order was amended and more protected classes were added in 1978 by Executive Order 12106, in 1998 by Executive Order 13087 (sexual orientation), and in 2000 by Executive Order 13152 (parental status). The Executive Order 11478 is divided into 8 sections.

Disposition Table

[3] Executive Order 11478 Equal employment opportunity in the Federal Government

Signed: August 8, 1969 Federal Register page and date: 34 FR 12985; August 12, 1969 Supersedes in part: EO 11246, September 24, 1965; EO 11375, October 13, 1967 Amended by: EO 11590, April 23, 1971; EO 12106, December 28, 1978; EO 13087, May 28, 1998; EO 13152, May 2, 2000 See: Public Law 92-261 (86 Stat. 103), sec. 717

Section 1

Section 1 of the Executive Order 11478 reads: [4]

"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."

Section 2

Section 2 of the new Executive Order 11478 reads:[5]

"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."

Section 3

Section 3 of the new Executive Order 11478 reads:[6]

"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]

Section 4

Section 4 of the new Executive Order 11478 reads:[7]

"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]

Section 5

Section 5 of the new Executive Order 11478 reads: [8]

"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]

Section 6

Section 6 of the new Executive Order 11478 reads: [9]

"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 non appropriated 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."

Section 7

Section 7 of the new Executive order 11478 reads: [10]

"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."

Section 8

Section 8 of the new Executive order 11487 reads:[11]

"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]

Amendments

President William J. Clinton signed the further amendment to Executive Order 11478 and released a statement on May 28th 1998, Equal Employment Opportunity in the Federal Government. The Order provided a uniform policy for the Federal Government to prohibit discrimination based on sexual orientation in the Federal Civilian Workforce and stated that policy for the first time in an Executive Order of the President.[12]

References

External links