New E.O. Barring Contractors From Using Race or Sex “Stereotyping or Scapegoating” in Training

Wednesday, September 23, 2020

President Trump has issued a new Executive Order that, among other things, prohibits federal contractors and subcontractors from using any workplace training program that “inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating.” According to the E.O., this includes the concept that “an individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex” and the concept that “any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex.”

Please note that the E.O.’s provisions impacting federal contractors only apply to new federal contracts entered into 60 days from the date this EO was issued (i.e., beginning on November 21, 2020). Existing contracts and subcontracts are not subject to the E.O. However, please note that it is likely the E.O. will be interpreted to also apply to contracts that are renewed or modified on or after November 21. The new E.O. also requires the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) to publish in the Federal Register, no later than October 22, 2020, a “request for information” asking federal contractors and subcontractors to submit copies of any diversity training, as well as the duration, frequency and costs of such training.

CWC will publish a memo analyzing the new EO in detail in the immediate future. In the meantime, if you have questions please don’t hesitate to contact one of our contract compliance policy experts at (202) 629-5650 or Please note that at this time, CWC’s offices remain in telework status. All calls to staff members are being forwarded, and all messages left on our program line are being immediately forwarded to the appropriate staff member for handling.

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