46 N.Y.U. L. Rev. 225 (1971)
Affirmative Action under Executive Order 11,246

handle is hein.journals/nylr46 and id is 255 raw text is: NEW YORK UNIVERSITY
LAW REVIEW
VOLuME 46                      APRIL 1971                      NuhXDER 2
AFFIRMATIVE ACTION UNDER EXECUTIVE
ORDER 11,246
PETER G. NASH*
A long series of Executive orders have recognized the necessity
of expending federal funds only in a manner consistent with the
Nation's equal employment opportunity objectives. The most im-
portant of these orders, No. 11,246, requires that government con-
tractors take affirmative action to ensure that the hiring and
promotion of their employees will be on a nondiscriminatory basis.
The vagueness of the affirmative action requirement, however, has
led to confusion among government contractors and a generally low
level of compliance. In this article, the author describes the OFCC's
efforts to give the affirmative action obligation specific content and
at the same time to avoid the pitfall of reverse discrimination.
I
INTRODUCTION
,.ECUTIVE Order 11,246, as amended,' is the latest in a long
series of Executive orders designed to make equal employ-
ment opportunity a reality for present and potential employees
of government contractors and subcontractors.' The Executive
* Solicitor, U.S. Department of Labor; A.B., Colgate University; LL.B, New
York University. This article is adapted from a series of speeches made by the
author. The views expressed in this article are those of the author and are not
necessarily the views of the U.S. Department of Labor, or any of its constituent
agencies. The author is indebted to Roland P. Wilder, Jr., Acting Counsel for
Civil Rights, Office of the Solicitor, and Mrs. Michaele S. Battles, Attorney,
Office of the Solicitor, for their assistance in the preparation of this article.
1 3 C.F.R. 339 (1965), as amended by Exec. Order No. 11,375, 3 C.F.R. 320
(1967), 42 U.S.C. § 2000e (Supp. V, 1970).
 Major Executive orders dealing with the obligations of government con-
tractors and subcontractors are as follows: President Roosevelt: Exec. Order No.
8S02, 3 C.F.R. 957 (1941); Exec. Order No. 9001, 3 C.F.R. 1054 (1941); Exec.
Order No. 9346, 3 C.F.R. 1280 (1943); President Truman: Exec. Order No.
10,210, 3 C.F.R. 390 (1951); Exec. Order No. 10,227, 3 C.F.R. 739 (1951); Exec.
Order No. 10,231, 3 C.F.R. 741 (1951); Exec. Order No. 10,243, 3 C.F.R. 752
(1951); Exec. Order No. 10,281, 3 C.F.R. 781 (1951); Exec. Order No. 10,298,
3 C.F.R. 828 (1951); Exec. Order No. 10,308, 3 C.F.R. 837 (1951); President
Eisenhower: Exec. Order No. 10,479, 3 C.F.R. 961 (1953); Exec. Order No.

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