Affirmative action, or positive measures, must be taken by covered employers to recruit and advance qualified minorities and women for jobs in which they are underutilized relative to their availability. Affirmative actions include training programs, outreach efforts, and other positive steps. These procedures should be incorporated into the company’s written personnel policies. Employers with written affirmative action programs must implement them, keep them on file and update them annually.

Employers are also required to take all necessary actions to ensure that no one attempts to intimidate or discriminate against an individual for filing a complaint or participating in a proceeding under the Executive Order.

Complaints must be filed within 180 days from the date of the alleged discrimination, although filing time can be extended for a good reason.

If a complaint filed under Executive Order 11246 involves discrimination against only one person, OFCCP will normally refer it to the EEOC. Cases involving groups of people or indicating patterns of discrimination are generally investigated and resolved by OFCCP. Complaints may be filed directly with any of OFCCP's regional or district offices throughout the country, or with OFCCP in Washington, D.C.

The following types of contracts are exempt from the Executive Order:

• transactions of $10,000 and under;
• contracts and subcontracts for indefinite quantities, unless the purchaser has reason to believe that the amount to be ordered in any one year will be over $10,000;
• contracts for work that is performed outside the United States by employees who were not recruited in the U.S.; and
• contracts exempt for national interest or security reasons;

• contracts with certain educational institutions (e.g. religiously oriented church colleges);
• contracts for work on or near Indian reservations;
• contractor facilities not related to contract performance, as determined by OFCCP; and,
• contracts with State or local governments unless the governmental entity participates in work on or under the contract.

The Executive Order applies to State and local government entities which have contracts with the Federal government if the State or local government entity participates in work on or under the contract or subcontract. Unlike coverage of private sector employers, the government entity but not the government as a whole becomes subject to the Executive Order when it enters into the contract. As noted above, State “protective” laws may not be used by employers as a reason to deny employment to qualified women applicants.