Combating Race and Sex Stereotyping
Executive Order 13950, Combating Race and Sex Stereotyping, issued by President Trump on September 22, 2020, directs federal agencies, the Uniformed Services, federal contractors, and federal grant recipients to limit or prohibit training and materials that teach or promote what the order calls “divisive concepts,” race or sex stereotyping, and race or sex scapegoating. The goal is to promote merit-based, non-discriminatory treatment and to prevent training that could undermine unit cohesion, efficiency, or the fair treatment of employees. The order creates new contractual and reporting requirements, establishes enforcement mechanisms (including potential debarment and contract termination), and asks federal agencies to review grant programs and trainings and report spending. Some provisions take effect immediately, with others phased in (notably, contract provisions apply to contracts entered into 60 days after the order).
Key Points
- 1Definition of divisive concepts and related terms:
- 2- Divisive concepts include beliefs such as one race or sex being inherently superior, the U.S. being inherently racist or sexist, individuals being inherently racist/sexist due to race or sex, or that meritocracy or hard work is racist/sexist.
- 3- Also covers race or sex stereotyping (ascribing traits or values to a race/sex) and race or sex scapegoating (blaming a race/sex as a group).
- 4Prohibition for the Uniformed Services:
- 5- Military members cannot be taught or trained to believe divisive concepts, and choosing not to endorse such concepts cannot be punished.
- 6Federal contractors: contract provisions and enforcement:
- 7- New contracts must include provisions prohibiting training that promotes divisive concepts; contractors must also send notices to labor unions and post notices for employees.
- 8- Noncompliance can lead to contract cancellation, termination, suspension, or debarment, and other sanctions under related laws.
- 9- Contractors must include these provisions in all subcontracts unless exempted; enforcement can involve actions directed by the Secretary of Labor.
- 10Federal grants:
- 11- Agencies must identify grant programs that would require recipients not to use federal funds to promote divisive concepts, and report these within 60 days.
- 12Agency requirements and oversight:
- 13- Agency heads must ensure their trainings do not promote divisive concepts, consult with the Office of Personnel Management (OPM) as needed, and promote a workplace free of judgment based on race or sex.
- 14- OPM regulations may establish performance-based actions against supervisors who authorize培训 promoting divisive concepts.
- 15- Each agency must incorporate the order into operations, include it in contracts for diversity training, and commission internal reviews/IG reports on compliance.
- 16Oversight and guidance:
- 17- The Department of Labor, via OFCCP, will operate a hotline and investigate complaints about contractor trainings.
- 18- OMB and OPM may issue joint guidance on compliance.
- 19- The Attorney General and EEOC may issue guidance on Title VII implications and how to promote inclusive workplaces without running afoul of the order.
- 20Effective date and scope:
- 21- The order takes effect immediately, with Sec. 4 (contract provisions) applying to contracts entered into 60 days after the date of the order.