Executive Order 10590
Whereas it is the policy of the United States Government that equal opportunity be afforded all qualified persons, consistent with law, for employment in the Federal Government; and
Whereas this policy necessarily excludes and prohibits discrimination against any employee or applicant for employment in the Federal Government because of race, color, religion, or national origin; and
Whereas it is essential to the effective application of this policy in all civilian personnel matters that all departments and agencies of the executive branch of the Government adhere to this policy in a fair, objective, and uniform manner:Now, Therefore, by virtue of the authority in me by the Constitution and statutes, and as President of the United States, and consistent with the provisions of section 214 of the act of May 3, 1945, 59 Stat. 134 (31 U.S.C. 691), it is hereby ordered as follows:
Section 1. There is hereby established the President's Committee on Government Employment Policy (hereinafter referred to as the Committee). The Committee shall be composed of five members, as follows: (a) one representative of the Civil Service Commission, to be designated by the Chairman thereof, (b) one representative of the Department of Labor to be designated by the Secretary of Labor, (c) one representative of the Office of Defense Mobilization, to be designated by the Director thereof, and (d) two public members to be appointed by the President. Not more than two alternate public members may be appointed by the President as he may deem necessary. Three members of the Committee shall constitute a quorum, provided that at least one public member or alternate public member is present. The President shall designate the Chairman and the Vice-Chairman of the Committee, and each member of the Committee shall serve at the pleasure of the President.
Sec. 2. The Committee shall:
|(a)||Advise the President periodically as to whether the civilian employment practices in the Federal Government are in conformity with the non-discriminatory employment policy recited in the preamble of this order, and, whenever deemed necessary or desirable, recommend methods of assuring uniformity in such practices;|
|(b)||At the request of the head of a department or agency, or the Employment Policy Officer thereof, consult with and advise them concerning non-discriminatory employment policies under this order and regulations of such department or agency relating to such policies;|
|(c)||Consult with and advise the Civil Service Commission with respect to civil-service regulations relating to non-discriminatory practices under this order;|
|(d)||Review cases referred to it under the provisions of this order and render advisory opinions on the disposition of such cases to the heads of the departments or agencies concerned;|
|(e)||Make such inquiries and investigations as may be necessary to carry out its responsibilities under this section.|
Sec. 3. The head of each executive department and agency shall be responsible for the effectuation of the policy of this order with respect to all civilian personnel matters under his authority and shall;
|(a)||Prescribe regulations for the administration of the employment policies under this order that will insure a complainant of an appeal to the proper authorities within his department or agency, a fair hearing, and a just disposition of his case. The regulations shall in all cases provide that subsequent to the recommendations of the Employment Policy Officer, as provided in section 6(b) of this order, and prior to the final decision of the department or agency, and upon the written request of the complainant, the complainant's case shall be referred to the Committee for its review and an advisory opinion as provided under section 2(d) of this order.|
|(b)||File with the Committee a copy of the regulations prescribed for his agency pursuant to subsection (a) of this section, and report to the Committee all instances in which complaints are made regarding the actions of the department under the policy of this order, together with a statement of the disposition made of the complaint.|
Sec. 4. The head of each executive department and agency, or his designated representative, may refer any case coming within the purview of this order to the Committee for review and an advisory opinion whenever he deems necessary.
Sec. 5. The head of each executive department and agency shall designate an official of his department or agency as Employment Policy Officer, and shall designate such Deputy Employment Policy Officers as may be necessary to assist the Employment Policy Officers as may be necessary to assist the Employment Policy Officer to effectively carry out the policy of this order. The position of Employment Policy Officer shall be established outside of the division handling the personnel matters of the department or agency concerned. Each Employment Policy Officer shall be under the immediate supervision of the head of his department or agency, and shall be given the authority necessary to enable him to carry out his responsibilities under this order. All officials and employees of each department and agency shall be advised of the name of its Employment Policy Officer.
Sec. 6. Each Employment Policy Officer shall:
|(a)||Advise the head of his department or agency with respect to the preparation of regulations, reports, and other matters pertaining to the policy of this order and the conformity therewith of the conduct of personnel matters in his department or agency;|
|(b)||Receive and investigate complaints of alleged discrimination in personnel matters within his department or agency and make recommendations to appropriate administrative officials for such corrective measures as he may deem necessary;|
|(c)||Appraise the personnel operations of the department or agency at regular intervals to assure their continuing conformity to the policy expressed in this order.|
Sec. 7. The Civil Service Commission shall in connection with its responsibilities under the law issue such regulations as may be necessary to implement the policy of this order.
Sec. 8. This order supersedes Executive Order No. 9980 of July 26, 1948, and the Fair Employment Board established thereby in the Civil Service Commission is abolished. The records and property of the Fair Employment Board shall remain with the Civil Service Commission and shall be available for the use of the Committee.