Executive Order Targets Contractor Diversity Training

• Published date: 25 September 2020
• Subject Matter: Employment and HR, Government, Public Sector, Employee Rights/ Labour Relations, Government Contracts, Procurement & PPP
• Law Firm: Arnold & Porter
• Author: Ms Kristen Ittig and Amanda J. Sherwood

President Trump issued a controversial Executive Order on September 22, 2020 purporting to "promote unity in the Federal workforce" by addressing what the White House termed "offensive and anti-American" rhetoric in certain workforce trainings.¹

Summary

The Executive Order begins with an essay laying out the President's view of the role of diversity and equality in American history, before declaring it to be the "policy of the United States not to promote race or sex stereotyping" and forbidding federal contractors or the use of grant funds to "inculcate" contrary views. The Executive Order contains specific definitions of the "divisive concepts," "race or sex stereotyping," and "race or sex scapegoating" targeted through the Order.

Of relevance to government contractors, the Executive Order announces that, with certain limited exceptions, every future government contract entered into on or after November 21, 2020 will contain a clause forbidding the contractor from providing any workplace training that "inculcates in its employees" any of the concepts proscribed by the contract clause, including:

• One race or sex is inherently superior to another race or sex;
• An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive whether consciously or unconsciously;
• An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;
...