Presidents/Barack Obama/Executive Order
Executive Order13583? Legally Debatable

Executive Order 13583-Establishing a Coordinated Government-Wide Initiative To Promote Diversity and Inclusion in the Federal Workforce

Issued 2011-08-18 by Barack Obama

Plain-English Overview

AI-generated summary explaining what this action does, who it affects, and why it matters

This executive order establishes a government-wide initiative to promote diversity and inclusion in the federal workforce. The order directs federal agencies to develop comprehensive human resources strategies focused on recruiting, hiring, promoting, and retaining employees from all segments of society. The Director of the Office of Personnel Management and the Deputy Director for Management of the Office of Management and Budget are tasked with coordinating this initiative across the federal government, working with the President's Management Council and the Chair of the Equal Employment Opportunity Commission.

The order affects federal employees and job applicants across all executive branch agencies. It builds on previous executive orders that addressed employment of specific groups, including Hispanic employees, veterans, and individuals with disabilities. The goal is to create an integrated approach that consolidates existing compliance efforts and removes barriers to equal employment opportunity while maintaining merit-based civil service principles.

This matters because the federal government is the nation's largest employer and is expected to lead by example in equal opportunity employment. The order reflects existing legal requirements that federal recruitment policies should "endeavor to achieve a work force from all segments of society." Whether the President has constitutional authority to establish such coordinating bodies within the executive branch is generally accepted, though questions can arise if such initiatives conflict with how Congress has structured specific agencies.

AI-generated summary for educational purposes

Constitutional Analysis

How this action fits (or doesn't) within Article II authority and existing law

Executive Order 13583 ("Executive Order 13583-Establishing a Coordinated Government-Wide Initiative To Promote Diversity and Inclusion in the Federal Workforce") restructures or establishes federal entities. The stated purpose: "promote the Federal workplace as a model of equal opportunity, diversity, and inclusion, it is hereby ordered as follows: Section 1." The President has authority to manage the executive branch under Article II, including creating task forces, councils, and working groups within the White House. However, creating independent agencies with binding regulatory authority, or fundamentally restructuring congressionally created departments, typically requires legislative authorization.

The Reorganization Act historically provided a framework for executive reorganization subject to congressional review. Current reorganization authority is more limited. The constitutionality depends on whether this order creates White House advisory bodies (acceptable) or attempts to restructure agencies in ways that conflict with their enabling statutes (questionable).

Official Summary

Administration of Barack Obama, 2011 Executive Order 13583—Establishing a Coordinated Government-Wide Initiative To Promote Diversity and Inclusion in the Federal Workforce August 18, 2011 By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to promote the Federal workplace as a model of equal opportunity, diversity, and inclusion, it is hereby ordered as follows: Section 1. Policy. Our Nation derives strength from the diversity of its population and from its commitment to equal opportunity for all. We are at our best when we draw on the talents of all parts of our society, and our greatest accomplishments are achieved when diverse perspectives are brought to bear to overcome our greatest challenges. A commitment to equal opportunity, diversity, and inclusion is critical for the Federal Government as an employer. By law, the Federal Government's recruitment policies should "endeavor to achieve a work force from all segments of society." (5 U.S.C. 2301(b)(1)). As the Nation's largest employer, the Federal Government has a special obligation to lead by example. Attaining a diverse,

Read the official documentOpen on GovInfo →