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Civil rights groups sue to halt Trump's order on race, sex stereotyping

December 2020 employment law letter
Authors: 
Stacie L. Linguist, Kristin Jones Pierre, and Jessica C. Abrahams, Faegre Drinker

Several civil rights groups have sued the Trump administration to block a recent Executive Order (EO) prohibiting federal contractors and others from covering certain so-called "race and sex stereotyping" topics during diversity, equity, and inclusion (DEI) training.

How we got here

On September 22, President Donald Trump issued the controversial EO 13950 in a purported effort "to combat offensive and anti-American race and sex stereotyping and scapegoating." The order sweepingly bars federal contractors from incorporating such views into their DEI workplace trainings.

In quick succession, the Office of Federal Contract Compliance Programs (OFCCP) readied for enforcement by launching a complaint hotline, issuing nine frequently asked questions, and publishing a request for information (RFI) in the Federal Register seeking documents and information to support the order. The directive has had an immediate disruptive impact on federal contractors as many have postponed or canceled training and other diversity initiatives while struggling to interpret the order.

On October 15, the U.S. Chamber of Commerce and a group of more than 150 business organizations took a rare step in sending a letter opposing EO 13950 to the president and asking for it to be withdrawn. The letter contended the order, which specifically threatens companies with suspension and debarment in addition to other enforcement action, will cause confusion and uncertainty for federal contractors, lead to "nonmeritorious" investigations, and hinder employers' ability to promote diversity and combat discrimination.

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