Is Executive Order 11478 Still in Effect? Scope and EEO Filing

Executive Order 11478 is still in effect. Signed by President Richard Nixon on August 8, 1969, it requires every federal agency to provide equal employment opportunity and to run a continuing affirmative program that makes fair treatment a daily practice rather than a policy statement.¹ Several presidents have amended it over the decades, and a January 2025 executive order revoked one of those amendments, changing which characteristics are explicitly listed in its text. The underlying framework remains the foundation for how the federal government handles workplace discrimination.

What the Order Requires

The order does two things. It prohibits discrimination in federal employment based on the personal characteristics listed in its text, and it directs every agency to build an affirmative program that actively promotes equal opportunity. That means recruiting from diverse applicant pools, training supervisors, analyzing hiring and promotion data for disparities, and appointing an EEO Director who reports directly to the agency head.²

The order also works alongside a federal antidiscrimination policy codified at 5 U.S.C. § 7201, which directs the President to use existing authority to ensure equal opportunity for federal employees. Executive Order 11478 is the primary vehicle for carrying out that directive.³

Who the Order Covers

The order reaches every executive department, independent agency, and government corporation. It also applies to the United States Postal Service and the Postal Regulatory Commission, civilian employees in military departments, and portions of the legislative and judicial branches where positions fall within the competitive service.¹ Certain District of Columbia government employees in competitive-service positions are covered as well.⁴

Active-duty military members are not covered; they follow separate regulations. Within defense agencies, only civilian personnel fall under the order.

What the Order Protects Today

As originally issued in 1969, Executive Order 11478 prohibited discrimination based on race, color, religion, sex, and national origin.⁵ Later amendments expanded the list. Handicap (disability) and age were added. President Clinton’s Executive Order 13087 inserted sexual orientation in 1998.⁶ President George W. Bush added status as a parent through Executive Order 13152 in 2000. President Obama’s Executive Order 13672 added gender identity in 2014.⁷

The January 2025 Revocation

On January 20, 2025, President Trump signed an executive order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” which explicitly revoked Executive Order 13672.⁸ Because 13672 was the amendment that added gender identity to Executive Order 11478, that revocation removed gender identity from the explicit list of protected characteristics in the order’s text. Executive Order 13087, which added sexual orientation, was not revoked, so sexual orientation remains listed.

Why Gender Identity Is Still Protected Under Federal Law

The 2025 revocation did not erase gender identity protections for federal employees. In Bostock v. Clayton County (2020), the Supreme Court held that Title VII’s prohibition on sex discrimination encompasses discrimination based on sexual orientation and gender identity. Title VII’s protections extend to federal employees through 42 U.S.C. § 2000e-16, so the statutory bar on sex-based discrimination still covers those characteristics regardless of what Executive Order 11478 currently says.⁹ The executive order’s explicit mention carried symbolic weight and guided agency policy; the statutory protection operates independently of any president.

Other Statutes That Layer On

Several federal statutes reinforce the order’s protections. The Age Discrimination in Employment Act shields workers aged 40 and older from age-based discrimination in hiring, promotions, pay, and termination.¹⁰ Section 501 of the Rehabilitation Act of 1973 requires federal agencies to take affirmative action for individuals with disabilities and to submit annual program plans to the EEOC.¹¹ The Genetic Information Nondiscrimination Act of 2008 bars agencies from using genetic information in any employment decision.¹²

Reasonable Accommodations

Agencies must provide reasonable accommodations to employees and applicants with disabilities under the Rehabilitation Act. A reasonable accommodation is any change to the work environment or standard procedures that enables a person with a disability to perform their job or compete equally for a position. Examples include sign language interpreters, screen-reading software, modified work schedules, and accessible workstations.¹³

Executive Order 13164 requires each agency to establish written procedures for handling accommodation requests. Whether a particular accommodation creates an “undue hardship” is measured against the agency’s overall resources, not any single office’s budget.¹³ Employees with sincerely held religious beliefs are entitled to reasonable accommodations under Title VII, such as modified schedules for religious observances or dress code exceptions, unless the accommodation would cause the agency undue hardship.

How to Use the Order: Filing an EEO Complaint

If you believe you experienced discrimination as a federal employee or applicant, the administrative process has strict deadlines. Missing one can end the claim.

Contact an EEO Counselor Within 45 Days

You must contact an EEO Counselor at the agency within 45 days of the discriminatory event, or within 45 days of a personnel action’s effective date.¹⁴ The counselor has 30 days to attempt informal resolution. The agency must offer alternative dispute resolution, usually mediation; if you choose ADR, the counseling period extends to 90 days.¹⁵

File the Formal Complaint Within 15 Days

If counseling does not resolve the matter, the counselor issues a written notice of your right to file. You have 15 days from receiving that notice to file a formal complaint with the agency’s EEO office.¹⁶ The agency has 180 days to complete its investigation, extendable by written agreement up to 90 more days.¹⁷

Once the investigation is complete, you can request a hearing before an EEOC Administrative Judge or ask the agency to issue a final decision on the written record. The hearing route gives you the ability to present witnesses and cross-examine the agency’s evidence.¹⁵

Appeals and Federal Court

You can appeal an unfavorable decision to the EEOC’s Office of Federal Operations within 30 days of receiving the final action.¹⁸ You can also file a civil action in U.S. district court within 90 days of receiving notice of the EEOC’s final decision on appeal, or within 90 days of the agency’s final action if you did not appeal. If the agency or the EEOC fails to act within 180 days of your filing, you can go to court without waiting for a final decision.⁹

Retaliation Is Also Prohibited

Filing an EEO complaint, participating as a witness, and opposing discriminatory practices are all protected activities. An agency cannot fire, demote, reassign, or otherwise punish you for engaging in the EEO process. Retaliation is treated as a prohibited personnel practice under 5 U.S.C. § 2302(b)(1), and agencies must include a specific prohibition against reprisal in their annual EEO policy statements.¹⁹

Remedies if Discrimination Is Proven

The goal of any remedy is to put you in the position you would have been in had the discrimination never happened. That can include reinstatement to a job or promotion, back pay for lost wages and benefits, and an order requiring the agency to change the discriminatory practice.²⁰

Compensatory damages cover both out-of-pocket costs, such as job search expenses or medical bills, and non-economic harm like emotional distress. Damages are capped based on employer size, and most federal agencies exceed 500 employees, so the $300,000 cap generally applies in federal-sector cases. In intentional age discrimination cases, compensatory and punitive damages are not available; liquidated damages equal to the back pay award may be recovered instead. Winning complainants can also recover attorney’s fees, expert witness fees, and court costs.²⁰

1
National Archives. Executive Order 11478 – Equal Employment Opportunity in the Federal Government
2
U.S. Equal Employment Opportunity Commission. Status and Impact of Direct Reporting Structures for Federal Agencies
3
Office of the Law Revision Counsel. 5 U.S. Code 7201 – Antidiscrimination Policy; Minority Recruitment Program
4
U.S. Department of Labor. Executive Order 11478
5
The American Presidency Project. Executive Order 11478 – Equal Employment Opportunity in the Federal Government
6
U.S. Equal Employment Opportunity Commission. Executive Order 13087
7
The American Presidency Project. Executive Order 13672 – Further Amendments to Executive Order 11478
8
The White House. Ending Illegal Discrimination and Restoring Merit-Based Opportunity
9
Office of the Law Revision Counsel. 42 USC 2000e-16 – Employment by Federal Government
10
U.S. Equal Employment Opportunity Commission. Age Discrimination
11
U.S. Equal Employment Opportunity Commission. Sections 501 and 505 of the Rehabilitation Act of 1973
12
U.S. Department of Labor. The Genetic Information Nondiscrimination Act of 2008 – GINA
13
U.S. Office of Personnel Management. Providing Accommodations
14
eCFR. 29 CFR 1614.105 – Pre-Complaint Processing
15
U.S. Equal Employment Opportunity Commission. Overview of Federal Sector EEO Complaint Process
16
eCFR. 29 CFR 1614.106 – Individual Complaints
17
eCFR. 29 CFR 1614.108 – Investigation of Complaints
18
U.S. Equal Employment Opportunity Commission. Appeals
19
U.S. Equal Employment Opportunity Commission. Instructions to Federal Agencies for MD-715 Section I – The Model EEO Program
20
U.S. Equal Employment Opportunity Commission. Remedies for Employment Discrimination