To codify Executive Order 11246 titled "Equal Employment Opportunity".

Bill Number

H.R. 989

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Labor and Employment

Status

Introduced

Latest Action

2025-02-05: Referred to the House Committee on Education and Workforce.

Last Updated

2025-08-06T08:06:04Z

AI-Generated Summary

Purpose

This legislation, H.R. 989, aims to convert Executive Order 11246 (issued in 1965) into statutory law. The order requires equal employment opportunities and prohibits discrimination based on race, color, religion, sex, or national origin in federal government jobs and contracts. By codifying it, the bill ensures these nondiscrimination rules have the permanence of a federal law, rather than relying on executive authority that could change with administrations.

Key Provisions

• Full Legal Force: The entire text of Executive Order 11246 is given "the full force and effect of law," meaning it becomes binding federal statute enforceable through Congress and the courts.
• Scope: Applies to nondiscrimination in employment by federal agencies and by companies that receive federal contracts or subcontracts (e.g., requiring contractors to take affirmative steps to ensure equal opportunity).

Significant Changes to Existing Law

• From Executive to Statutory: Previously, the order was an executive action that presidents could modify or revoke (as seen in past administrations). Codification makes it part of the U.S. Code, requiring congressional action to alter or repeal, thus providing greater stability.
• No new substantive rules are added; it simply embeds the existing order into law without amendments.

Potential Impacts

• Government Agencies: Federal departments (e.g., those handling contracts like Defense or Labor) must continue enforcing nondiscrimination, with added legal certainty that reduces vulnerability to executive policy shifts.
• Citizens and Workers: Employees and job applicants in federal roles or with contractors gain stronger protections against discrimination, potentially leading to more consistent enforcement of equal opportunity hiring and workplace practices.
• Businesses: Federal contractors (over 200,000 entities annually) face ongoing compliance requirements, such as filing reports and implementing diversity plans, but with reduced risk of sudden policy reversals.
• International Relations: Minimal direct impact, though it reinforces U.S. commitments to global labor standards on equality, which could influence trade or aid agreements.

Main Stakeholders Affected

• Federal Government Agencies: Enforcers like the Department of Labor's Office of Federal Contract Compliance Programs (OFCCP), which oversees implementation.
• Federal Contractors and Subcontractors: Businesses receiving over $10,000 in federal funds yearly, including major industries like construction, tech, and defense.
• Workers and Civil Rights Groups: Employees protected from discrimination and organizations (e.g., NAACP, ACLU) advocating for enforcement.
• Employers and Unions: Private sector entities indirectly affected through compliance standards that may influence broader hiring practices.

Notable Legal, Constitutional, or Political Implications

• Legal Stability: Strengthens the enforceability of nondiscrimination rules in court, as statutes carry more weight than executive orders (e.g., less susceptible to challenges under the Administrative Procedure Act). It aligns with civil rights laws like the Civil Rights Act of 1964 but focuses on federal contracting.
• Constitutional Considerations: Supports equal protection under the 14th Amendment by institutionalizing anti-discrimination; however, it could face scrutiny if seen as mandating affirmative action (preferential treatment), echoing past Supreme Court debates (e.g., on reverse discrimination claims).
• Political Ramifications: As a bipartisan bill (introduced by Reps. Brown and Raskin), it seeks to "lock in" a long-standing policy amid partisan divides on diversity initiatives. Codification could reduce executive overreach concerns but might spark debates on federal contracting burdens or ideological commitments to equity.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Brown, Shontel M. [D-OH-11]

Cosponsors (92)

Rep. Raskin, Jamie [D-MD-8], Rep. McCollum, Betty [D-MN-4], Rep. Watson Coleman, Bonnie [D-NJ-12], Rep. Davis, Danny K. [D-IL-7], Del. Norton, Eleanor Holmes [D-DC-At Large], Rep. Cleaver, Emanuel [D-MO-5], Rep. Mullin, Kevin [D-CA-15], Rep. McIver, LaMonica [D-NJ-10], Rep. Tlaib, Rashida [D-MI-12], Rep. Jackson, Jonathan L. [D-IL-1], Rep. Bishop, Sanford D. [D-GA-2], Rep. Cherfilus-McCormick, Sheila [D-FL-20], Rep. Turner, Sylvester [D-TX-18], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Fields, Cleo [D-LA-6], Rep. Clarke, Yvette D. [D-NY-9], Rep. Waters, Maxine [D-CA-43], Rep. Carter, Troy A. [D-LA-2], Rep. Carson, André [D-IN-7], Rep. Krishnamoorthi, Raja [D-IL-8], Rep. Connolly, Gerald E. [D-VA-11], Rep. Beatty, Joyce [D-OH-3], Rep. Pocan, Mark [D-WI-2], Rep. McGovern, James P. [D-MA-2], Rep. Kamlager-Dove, Sydney [D-CA-37], Rep. Courtney, Joe [D-CT-2], Rep. Beyer, Donald S. [D-VA-8], Rep. Titus, Dina [D-NV-1], Rep. Jayapal, Pramila [D-WA-7], Rep. Omar, Ilhan [D-MN-5], Rep. Dingell, Debbie [D-MI-6], Rep. Lee, Summer L. [D-PA-12], Rep. McClellan, Jennifer L. [D-VA-4], Rep. Frankel, Lois [D-FL-22], Rep. Salinas, Andrea [D-OR-6], Rep. Huffman, Jared [D-CA-2], Rep. Tokuda, Jill N. [D-HI-2], Rep. Ross, Deborah K. [D-NC-2], Rep. Mfume, Kweisi [D-MD-7], Rep. Williams, Nikema [D-GA-5], Rep. Sewell, Terri A. [D-AL-7], Rep. Larson, John B. [D-CT-1], Rep. Bynum, Janelle [D-OR-5], Rep. Moore, Gwen [D-WI-4], Rep. Figures, Shomari [D-AL-2], Rep. Crockett, Jasmine [D-TX-30], Rep. Menendez, Robert [D-NJ-8], Rep. Landsman, Greg [D-OH-1], Rep. Ocasio-Cortez, Alexandria [D-NY-14], Rep. Schakowsky, Janice D. [D-IL-9] and 42 more

Recent Actions

• 2025-02-05: Referred to the House Committee on Education and Workforce.
• 2025-02-05: Introduced in House
• 2025-02-05: Introduced in House

Bill Versions

• To codify Executive Order 11246 titled "Equal Employment Opportunity". — issued 2025-02-05 — PDF (1 pages)