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EO 11246 prohibits any discrimination in employment by government suppliers and subcontractors based on race, color, religion, sex, or national origin. The EO sets forth a clause (Clause 9-7: Equal Opportunity) for inclusion in all nonexempt government contracts and subcontracts. Regulations that implement EO 11246 are the responsibility of the Secretary of Labor and can be found in 41 CFR 60. The Secretary of Labor delegates the authority to carry out the program to the director, OFCCP. The director, OFCCP, may exempt the Postal Service from having to include one or more of the requirements of EO 11246 in any contract when required by special circumstances in the national interest, and may also exempt groups or categories of contracts when it is not feasible to act upon each “case” individually (or when group exemptions are more convenient).
The Postal Service stipulates that no contract (or contract modification involving a new purchase) may be entered into, and no subcontract approved, with a supplier or subcontractor found ineligible by the director, OFCCP, for reasons of noncompliance with EO 11246. The contracting officer and members of the supplier community are responsible for compliance and may not award a contract for supplies or services in a way designed to avoid the requirements of EO 11246. The contracting officers may request exemptions by submitting a justification to the director, OFCCP.
The contracting officer must supply appropriate quantities of Poster OFCCP-1420, Equal Opportunity Is the Law, to suppliers subject to EO 11246. The poster is available from the GSA and contains text in both English and Spanish. (The stock number is 7690-00-926-8988.)
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