Trump order on combating race, sex stereotyping places limits on DEI training

President Donald J. Trump’s Executive Order (EO) 13950, issued on September 22, 2020, prohibits federal contractors, federal agencies, and certain federal grant recipients as well as the military from using workplace training that “inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating.”

What workplace training does EO prohibit?

The EO prohibits workplace training teaching “that men and members of certain races are inherently sexist and racist.” Federal contractors are no longer to use workplace training that includes race or sex stereotyping or scapegoating or other “divisive concepts.”

According to the EO, “race or sex stereotyping” means ascribing character traits, values, moral and ethical codes, privileges, status, or beliefs to a race or sex or to an individual because of his or her race or sex. And “race or sex scapegoating” means assigning fault, blame, or bias to a race or sex or its members because of their race or sex.

While prohibiting specific trainings, the EO recognizes federal contractors should “continue to foster environments devoid of hostility grounded in race, sex, and other federally protected characteristics.” And, the EO states “[t]raining employees to create an inclusive workplace is appropriate and beneficial.”

What federal contractors must do to comply with EO

For federal contracts entered after November 21, 2020, federal contractors must: