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Trump order pulls back on race, sex stereotyping training

November 2020 employment law letter

President Donald Trump recently signed an Executive Order (EO 13950) that seeks to "combat offensive and anti-American race and sex stereotyping and scapegoating" and end so-called "divisive concepts" covered in certain workplace trainings. Proponents say the aim is to promote "unity in the Federal workforce" by prohibiting messages in trainings that imply "an individual, by virtue of their race or sex, is inherently racist, sexist or oppressive, whether consciously or unconsciously."

Discussion of the EO by both proponents and detractors has been swift and thoughtful, particularly at a time when many American businesses have been increasing their focus on diversity, equity, and inclusion (DEI) and issuing public statements denouncing racism and injustice in the wake of events such as George Floyd's death. In that context, it's critical to understand what the EO does and does not require of government contractors and to recognize its lasting impact and enforceability are currently uncertain, as the nation awaits the expected legal challenges to the order.

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