Illinois General Assembly - Full Text of SJR0007
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Full Text of SJR0007  99th General Assembly




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2    WHEREAS, Guaranteeing equal employment opportunity in
3federal jobs has traditionally been at the forefront of the
4government's efforts to curtail nationwide racial
5discrimination; and
6    WHEREAS, Over the years, a series of executive orders have
7been propagated to promote these policies of ending racial
8discrimination; and
9    WHEREAS, On September 24, 1965, President Lyndon B. Johnson
10signed Executive Order 11246, which prohibits federal
11contractors and subcontractors and federally-assisted
12contractors and sub-contractors that generally have contracts
13exceeding $10,000 from discriminating in employment decisions
14based on race, color, religion, sex, or national origin; and
15    WHEREAS, Executive Order 11246 requires covered
16contractors to "take affirmative action to ensure that
17applicants are employed, and that employees are treated during
18employment without regard to race, color, religion, sex or
19national origin"; and
20    WHEREAS, The United States Department of Labor's Office of
21Federal Contract Compliance Programs enforces Executive Order



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111246 and other regulations banning discrimination; and
2    WHEREAS, A covered contractor in violation of Executive
3Order 11246 or associated regulations may have its contracts
4canceled, terminated, or suspended; the contractor may also be
5declared ineligible for future government contracts; and
6    WHEREAS, Section 201 of Executive Order 11246 requires that
7the Secretary of the Department of Labor shall adopt rules,
8regulations, and orders as he or she deems necessary to achieve
9the purposes of the Order; and
10    WHEREAS, Since October of 1980, the Code of Federal
11Regulations requires the Director of the United States
12Department of Labor to issue goals and timetable for minority
13and female utilization in the contracts covered under Executive
14Order 11246; and
15    WHEREAS, The Code of Federal Regulations requires these
16minority and female utilization goals to be published in the
17Federal Register; and
18    WHEREAS, On October 3, 1980, the Minority Participation
19Goals were published in the Federal Register, declaring that
20until further notice, the goals for minority utilization shall
21be included in all federal or federally-assisted construction



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1contracts and subcontracts in excess of $10,000 to be performed
2in the respective geographical area; and
3    WHEREAS, The Minority Participation Goals published in
41980 were calculated using data from the 1970 United States
5Census and are set at the 1970 levels of minority
6representation in the experienced civilian work force; and
7    WHEREAS, The United States workforce has seen a substantial
8increase in representation by women and minorities; however,
9the minority participation goals and timetables have not been
10updated since they were issued in 1980; and
11    WHEREAS, Since 2010, the United States Department of Labor
12has included Executive Order 11246 on its Annual Regulatory
13Agenda for retrospective analysis of the existing related
14rules; and
15    WHEREAS, The Regulatory Agenda declares that the guidance
16issued to Executive Order 11246 "is more than 30 years old and
17warrants a lookback"; and
18    WHEREAS, The Regulatory Agenda declares that the Office of
19Federal Contract Compliance Programs "will issue a Notice of
20Proposed Rulemaking to create sex discrimination regulations
21that reflect the current state of the law in this area"; and



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1    WHEREAS, Neither a Notice of Proposed Rulemaking has been
2filed, nor has any other action been taken to update the
3regulations implementing Executive Order 11246, including the
4minority utilization goals; therefore, be it
7CONCURRING HEREIN, that we, as elected representatives of the
8people, respectfully but emphatically urge the President of the
9United States, the Secretary of the United States Department of
10Labor, the Office of Federal Contract Compliance Programs, and
11the members of Congress to update the regulations implementing
12Executive Order 11246, including the minority utilization
13goals; and be it further
14    RESOLVED, That we respectfully but emphatically urge the
15United States Department of Labor Office of Federal Contract
16Compliance Programs to issue a Notice of Proposed Rulemaking
17providing guidance and regulations for implementation of
18Executive Order 11246, which accurately reflect the current
19state of the United States workforce; and be it further
20    RESOLVED, That suitable copies of this resolution be
21delivered to the President of the United States, the Speaker
22and Clerk of the United States House of Representatives, the



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1President Pro Tempore and Secretary of the United States
2Senate, the Secretary of the United States Department of Labor,
3and the members of the Illinois congressional delegation.