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Trump order significantly affects fed contractors' workplace diversity training

November 2020 employment law letter
Authors: 
Kristin Jones Pierre, Faegre Drinker

On September 22, President Donald Trump issued an unprecedented "Executive Order (EO) on Combating Race and Sex Stereotyping" aimed at the federal workforce and federal contractors. The order purports "to combat offensive and anti-American race and sex stereotyping and scapegoating" through a variety of measures, including significantly limiting the diversity training federal contractors may offer, requiring notification of applicable unions of their commitments under the EO and posting related notices in the workplace, and adding provisions to address the prohibited "race and sex stereotyping" in their subcontracts and purchase orders.

EO's stated purpose

President Trump's EO says "many people are pushing a different vision" of the country that's "rooted in the pernicious and false belief that America is an irredeemably racist and sexist country; that some people, simply on account of their race or sex, are oppressors; and that racial and sexual identities are more important than our common status as human beings and Americans." The order says certain workplace diversity training "perpetuates racial stereotypes and division and can use subtle coercive pressure to ensure conformity of viewpoint" and that "research also suggests that blame-focused diversity training reinforces biases and decreases opportunities for minorities."

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