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Executive Order 11478

---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.]