September 25, 2020

On Tuesday, President Donald Trump issued an Executive Order that would bar companies that do business with the federal government from conducting diversity training that includes concepts such as the idea that the U.S. is inherently sexist or racist or that individuals may be “inherently racist, sexist, or oppressive, whether consciously or unconsciously.”

In addition to federal contractors, the order also applies to federal agency workforces and military personnel. Federal contracts with companies that violate the order may be terminated or suspended, and the contractor may be barred from further business with the federal government. The Department of Labor (DOL) would also be empowered to pursue additional sanctions when necessary.

As part of the order’s enforcement efforts, the Executive Order directs DOL’s Office of Federal Contract Compliance Programs (OFCCP) to set up a hotline for complaints and investigate those complaints against contractors. It also called on OFCCP to request information from contractors regarding diversity training and workshops provided to their employees through a Federal Register notice within 30 days.

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