NAICU Washington Update

Administration Requests Information on Training Involving Race and Sex Stereotypes

October 23, 2020

The Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) published a notice requesting information about race and sex stereotyping in workplace training programs conducted by federal contractors. The notice is the latest step the agency has taken to implement President Trump’s Executive Order (EO) limiting such training programs.
The EO requires all federal contracts entered into after November 21, 2020 to contain a provision barring federal contractors from using “any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating.”
According to the request for information, federal contractors and subcontractors may voluntarily submit copies of training programs on diversity and inclusion for federal review. Those who do voluntarily submit information will not be subject to enforcement action for non-compliant materials so long as they promptly come into compliance. 
In its notice, OFCCP states that there will be no adverse legal consequences for federal contractors and subcontractors who choose not to submit materials for review, although exercising that option will not protect the contractor from possible enforcement action. The agency also created an email and telephone hotline, details of which can be found in the notice, for employees and other members of the public to report trainings that potentially violate the EO. 
Members of the higher education community, including NAICU, have sent a letter to the Trump Administration requesting the withdrawal of the EO based on its potential to undermine existing efforts to foster diversity and inclusion on college campuses.

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