EQUAL EMPLOYMENT OPPORTUNITY AND THE PHILADELPHIA PLAN

PRESIDENTIAL EXECUTIVE ORDER 11246 OF 24 SEPTEMBER 1965 REQUIRES THAT FEDERAL AND FEDERAL-AID CONTRACTS CONTAIN PROVISIONS OBLIGATING CONTRACTORS NOT TO DISCRIMINATE AGAINST MINORITY GROUPS BEFORE AND DURING EMPLOYMENT. ON 27 JUNE 1969 THE DEPARTMENT OF LABOR INTERPRETED THE ORDER TO MEAN COMPLIANCE WITH THE REVISED PHILADELPHIA PLAN, WHICH REQUIRES AN AFFIRMATIVE ACTION PLAN IN THE BID PROPOSAL FOR CONTRACTS OVER $500,000. THE INTERPRETATION SINGLED OUT SEVEN TRADES IN WHICH LABOR UNIONS WERE GUILTY OF EXCLUSIONARY PRACTICES. THE LABOR DEPARTMENT SUBSEQUENTLY DEVISED A "GOOD FAITH" FORMULA TO COVER CASES IN WHICH CONTRACTORS COULD NOT HIRE A GIVEN PERCENTAGE OF MINORITY WORKERS TO FILL A POSITION, I.E., A CONTRACTOR WHO DOES NOT CONFINE HIS HIRING TO DISCRIMINATORY UNIONS IS COMPLYING WITH THE PHILADELPHIA PLAN EVEN THOUGH HE DOES NOT MEET THE SPECIFIED GOAL FOR MINORITY HIRING. A SUIT BROUGHT BY A CONTRACTOR'S GROUP IN JANUARY 1970 TO VOID THE PLAN WAS DECIDED AGAINST THE PLAINTIFFS ON ALL GROUNDS OF THE SUIT. BETWEEN JANUARY AND JUNE 1970 NINE PROJECTS WERE ADVERTISED BY THE PENNSYLVANIA DEPARTMENT OF HIGHWAYS WITH STATEMENTS REQUIRING INCORPORATION OF THE PHILADELPHIA PLAN IN BIDS ONE BIDDER FAILED TO COMPLY IN EIGHT CASES; IN THE NINTH, THREE LOW BIDDERS FAILED TO COMPLY AND THE CASE IS NOW UNDER STUDY BY THE DEPARTMENT. PROVISIONS OF THE PLAN, ALONG WITH MINORITY EMPLOYMENT QUOTAS FOR EACH TRADE FOR EACH YEAR 1970--1973, ARE APPENDED.

  • Supplemental Notes:
    • 1 APP
  • Corporate Authors:

    Highway Research Board

    2101 Constitution Avenue, NW
    Washington, DC    20418
  • Authors:
    • Cunliffe, R W
  • Conference:
  • Publication Date: 1970

Media Info

  • Pagination: 19 pp

Subject/Index Terms

Filing Info

  • Accession Number: 00238836
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: Jul 24 1973 12:00AM