The Fair Employment Act, also known as Executive Order 8802, was signed by President Franklin Delano Roosevelt in 1941. It required that Federal agencies would only sign contracts with private employers that did not “discriminate against persons of any race, color, creed, or nationality in matters of employment.” The act set up the Committee on Fair Employment Practice (FEPC) to investigate all complaints of discrimination, take appropriate steps to eliminate such discrimination, and make recommendations to the president concerning discrimination in defense industries.

A March on Washington to protest racial discrimination had been planned by Bayard Rustin, A. Philip Randolph, and A. J. Muste, but they cancelled the march after Roosevelt issued this order.