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What to make of EO ‘combating race and sex stereotyping’

January 2021 employment law letter
Authors: 
Jacob M. Monty, Monty & Ramirez, LLP

On September 22, 2020, President Donald Trump issued Executive Order (EO) 13950, which banned “divisive” and “un-American” antiracism training to federal contractors. Even though the order is for federal contractors, many private corporations have started to reexamine their training policies and are worried how they could be affected. What effect will the EO have, and how long will it last?

What is EO 13950?

EO 13950 bans promoting what it terms “race or sex stereotyping or scapegoating” in the federal workforce or in the uniformed services and doesn’t allow grant funds to be used for these purposes. It also applies to executive departments and agencies, federal contractors, and federal grant recipients. The U.S. Department of Labor (DOL) lists several examples of stereotyping and scapegoating, including promoting that one race or sex is inherently superior to another, an individual’s moral character is necessarily determined by his or her race or sex, and members of one race or sex cannot and should not attempt to treat others without respect to race or sex.

The EO took immediate effect when it was issued, except for the section addressing federal contractors. It applies to federal “contracts entered into 60 days after the date of this order.” Federal contractors weren’t prohibited from continuing with any scheduled workplace diversity trainings that occurred before November 21, 2020. Contractors will also not be subject to the EO after the November date until they enter into a new federal contract or modify an existing contract.

Response to EO 13950

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