It was this Executive Order that required all entities doing business with the federal government to agree that, by doing so, that they would not discriminate on the basis of race, color, religion, gender, or national origin but the Executive Order went further and required that such entities agree to take steps to ensure adequate representation where it is found that there is an underrepresentation of women and other minorities. The terms of Title VII prohibit discrimination but it does not impose affirmative duties. Therein lays the essential difference affirmative action as dictated by Executive Order and the statutory provisions of Title VII. Under the terms of the Executive Order, which is enforced by several offices of the federal government but enforced against employers through the Department of Labor's Office of Federal Contract Compliance Programs (U.S. Department of Labor, 2012), entities that fail to comply are debarred from further participation in government contracts and funding. Affirmative action requires that entities must develop a written affirmative action plan and that such plan be put in place within120 days of the entity beginning its agreement with the federal government. The required contents of such plans are highly detailed and governed by the rules set forth in the Code of Federal Regulations and findings of non-compliance in the case of employers are administered through the Department of Labor. The sanctions available include publishing the names of non-compiling entities; recommending that proceedings be instituted under Title VII; or requesting that...

Each of the sanctions is considered as a last resort and compliance officers are encouraged to negotiate a settlement short of imposing any sanctions.
Those affected by affirmative action failures are not restricted to waiting for the government to impose sanctions upon non-compiling entities. Under the terms of Title VII, private citizens are empowered to seek redress in the federal courts and, historically, the decisions of the federal courts have played an important role in shaping the application of affirmative action.

Since its inception through Executive Order the affirmative action program has been controversial and its practical effectiveness remains questionable but, in concept, the program promotes an ideal that seeks equality between the various segments of society. Today, affirmative action largely performs its function in the background as public interest in the program has waned but it remains an important part of the federal government's civil rights directive.

References

Civil Rights Act of 1964 § 7, 42 U.S.C. § 2000 et seq (1964).

Exec. Order No. 11246, 30 FR 12319, 12935, CFR, 1964-1965.

U.S. Department of Labor. (2012). Office of Federal Contract Compliance Programs. Retrieved from United States Department of Labor: http://www.dol.gov/ofccp/

Affirmative Action