Federal Contractors: New Guidance on Compliance with Workplace Diversity and Inclusion Training Requirements

Last month, President Trump issued Executive Order 13950, which prohibits federal contractors and subcontractors from including “race and sex stereotyping and scapegoating” in workplace diversity and inclusion trainings. The Order applies to federal contracts entered into after November 21, 2020.

The Office of Federal Contract Compliance Programs (“OFFCP”), which enforces federal contracting requirements, has now issued guidance on complying with the Order. The guidance defines and provides examples of prohibited race and sex stereotyping and scapegoating, including the permissibility of unconscious and implicit bias training. The OFFCP has also set up a hotline for reporting instances of race and sex stereotyping and scapegoating.