Monday, December 28, 2020
As previously reported, on September 22, 2020, President Trump issued Executive Order 13950 on Combating Race and Sex Stereotyping (Order), which barred federal agencies, federal contractors, and recipients of federal grants from conducting diversity and inclusion training that promotes “divisive concepts” involving any form of “race or sex stereotyping” or “race or sex scapegoating.”
The controversial Order, which took effect on November 21, 2020, also required the Office of Federal Contract Compliance Programs (OFCCP) to establish a new complaint hotline and required affected employers to incorporate references to the Order in their government contracts and submit copies of their diversity and inclusion training materials to the OFCCP for review. The OFCCP subsequently published guidance addressing various Frequently Asked Questions and confirmed that training on unconscious or implicit bias was prohibited by the Order “t