Executive Order 11141: Declaring a public policy against discriminating on the basis of age

Summary

Lyndon B. Johnson issued EO 11141 on February 12, 1964 to declare a federal contracting policy against age discrimination. The order concerns contractor and subcontractor employment and maximum ages in recruitment advertisements, with specified qualifications. It predates the Age Discrimination in Employment Act and should not be treated as an interchangeable summary of that later statute.

Status: In effect. Yes. Current FAR 22.9 continues to state EO 11141’s contractor age-discrimination policy and complaint-handling procedure.

Key facts at a glance

Signed	February 12, 1964
President	Lyndon B. Johnson
Federal Register	29 FR 2477; published February 15, 1964
Current label	In effect
Amended by	No amendment listed in the reviewed disposition; see later-law qualifications below
Related orders	EO 11246
Checked	October 25, 2026

What it requires today

Contractors and subcontractors are not to discriminate because of age in employment, advancement, discharge or employment conditions except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Each qualification is part of the policy’s text, not permission to justify a preference merely by naming an exception.

Recruitment solicitations and advertisements for work on government contracts are not to specify a maximum age unless supported by one of those stated bases. The order therefore addresses both treatment of existing employees and the terms used to seek applicants.

Agencies bring the policy to contractors’ attention and address complaints through the prescribed approach. Current FAR 22.901 states that a contract clause is not required. A claim that the policy must appear as a bespoke clause in every contract would go beyond the implementing rule.

Who it affects

Government contractors, subcontractors, contracting agencies and people seeking or holding relevant employment are affected. The policy’s reach and handling should be distinguished from statutory age-discrimination claims, including their age threshold, employer coverage, filing requirements and remedies.

How it came about

The 1964 policy responded to employment practices that excluded people by age rather than qualifications. Its date and President matter: this is a Johnson order, not an order signed by Kennedy. Congress later enacted the ADEA, adding a separate statutory structure that should be examined when assessing a legal claim.

What agencies did under it

FAR subpart 22.9 expressly identifies EO 11141, states its policy and describes agency handling of complaints. FAR 22.902 directs the agency to raise a complaint with the contractor, state the policy, indicate that compliance has been questioned and request appropriate corrective steps.

The current FAR overhaul materials also retain a policy reference. The applicable solicitation and agency deviation need to be checked for a particular procurement. The continuing presidential policy is not evidence that every contractor’s personnel practice has been independently reviewed or approved.

Implementation records: Current FAR age policy and complaints; Current FAR overhaul employment policy.

Amendments and family tree

No whole-order revocation is listed in the reviewed current disposition. Its continuing implementation is positively supported by the current FAR text. Changes to a separate contractor nondiscrimination order do not automatically establish revocation of EO 11141.

Related guides: EO 11246.

Selected historical wording from the National Archives codification

EO 11141: this excerpt preserves the historical codified wording. For present application, yes. Current FAR 22.9 continues to state EO 11141’s contractor age-discrimination policy and complaint-handling procedure.

WHEREAS the principle of equal employment opportunity is now an established policy of our Government and applies equally to all who wish to work and are capable of doing so; and WHEREAS discrimination in employment because of age, except upon the basis of a bona fide occupational qualification, retirement plan, or statutory requirement, is inconsistent with that principle and with the social and economic objectives of our society; and WHEREAS older workers are an indispensable source of productivity and experience which our Nation can ill afford to lose; and WHEREAS President Kennedy, mindful that maximum national growth depends on the utilization of all manpower resources, issued a memorandum on March 14, 1963, 1 reaffirming the policy of the Executive Branch of the Government of hiring and promoting employees on the basis of merit alone and emphasizing the need to assure that older people are not discriminated against because of their age and receive fair and full consideration for employment and advancement in Federal employment; and WHEREAS, to encourage and hasten the acceptance of the principle of equal employment opportunity for older persons by all sectors of the economy, private and public, the Federal Government can and should provide maximum leadership in this regard by adopting that principle as an express policy of the Federal Government not only with respect to Federal employees but also with respect to persons employed by contractors and subcontractors engaged in the performance of Federal contracts: NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and statutes of the United States and as President of the United States, I hereby declare that it is the policy of the Executive Branch of the Government that (1) contractors and subcontractors engaged in the performance of Federal contracts shall not, in connection with the employment, advancement, or discharge of employees, or in connection with the terms, conditions, or privileges of their employment, discriminate against persons because of their age except upon the basis of a bona fide occupational qualification, retirement plan, or statutory requirement, and (2) that contractors and subcontractors, or persons acting on their behalf, shall not specify, in solicitations or advertisements for employees to work on Government contracts, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan, or statutory requirement.

Read the official text and source notes.

Court cases

No court ruling specifically on EO 11141 was found in the official presidential, disposition and agency sources examined as of October 25, 2026. The status assessment for this instrument is: Yes. Current FAR 22.9 continues to state EO 11141’s contractor age-discrimination policy and complaint-handling procedure.

Common questions

Was this a Kennedy order?

No. Johnson signed it on February 12, 1964. The official date and presidential disposition establish the attribution.

Does it apply only to job advertisements?

No. It also addresses employment, advancement, discharge and employment conditions, subject to the stated qualifications.

Must every contract contain a new age clause?

FAR 22.901 says use of contract clauses is not required. Agencies still bring the policy to contractors’ attention.

Is this the ADEA?

No. The 1964 executive policy and the later statute have distinct text, coverage and enforcement. A statutory claim needs its own analysis.

Legal basis

The order establishes an executive procurement employment policy. Statutory rights under the ADEA have separate elements and enforcement routes. The policy should not be used to invent a private damages remedy without identifying an applicable legal source.

Sources

Cite this page

EO Explained, “Executive Order 11141: Declaring a public policy against discriminating on the basis of age”, checked October 25, 2026. https://eoexplained.com/historic-orders/historic-11141-declaring-a-public-policy-against-discriminating-on-the-basis-of-age. Include an access date when citing this dated account. For the presidential instrument itself, cite 29 FR 2477 and the official text.

Last checked

October 25, 2026. EO 11141 was checked against its signed record, current disposition and cited implementation sources for the status and scope described above. Report an error or a later official source.