Combating Race and Sex Stereotyping
The order prohibits federal agencies, the uniformed services, and federal contractors from conducting workplace training that promotes a defined list of 'divisive concepts' about race and sex — including that one race is inherently superior, that individuals bear collective guilt for their race's past actions, or that meritocracy is racist.
It immediately bans such training within the federal government and uniformed services, adds mandatory anti-stereotype clauses to new federal contracts, and establishes an enforcement hotline, OPM pre-approval of diversity training, and a debarment threat for noncompliant contractors.
What this order does
What it orders
The order directs all federal agencies and the uniformed services to stop teaching, advocating, or promoting a defined list of nine "divisive concepts" in workplace training — including claims that one race or sex is inherently superior, that individuals bear responsibility for their race's historical actions, or that meritocracy is racist or was created to oppress. It requires all government contracting agencies to insert mandatory anti-stereotype clauses into new federal contracts within 60 days, making violations grounds for contract cancellation and debarment. It establishes an OFCCP complaint hotline for contractor violations, directs OPM to pre-review all federal diversity and inclusion training before use, and requires agency inspector generals to conduct annual compliance reviews. Agency heads must assign a senior political appointee to oversee compliance and issue internal compliance orders.
The order does not prohibit all diversity and inclusion training — agencies and contractors may continue efforts to foster inclusive workplaces, provided those efforts do not endorse the listed concepts. Academic discussion of the concepts without endorsement is also expressly permitted. The Attorney General and EEOC are directed to assess whether such training may create Title VII liability and may issue public guidance.
Who it affects
Federal civilian employees at all agencies, members of the uniformed services (including active duty, reserve, and ROTC), federal contractors and subcontractors of all sizes, their employees who participate in workplace diversity training, and federal grant recipients subject to new certification requirements.
Why it matters
Federal agencies and contractors must immediately audit and potentially discontinue existing diversity training programs. Contractors risk having contracts canceled and being barred from future federal work for violations. Federal employees whose supervisors authorize prohibited training face potential adverse performance actions under civil service law.
What must happen and when
How the order is supposed to work
The order works through three parallel tracks. For federal agencies, OPM must pre-approve all diversity training before it is used, and agency heads must assign a political appointee to ensure compliance; inspector generals report annually to OMB. For contractors, mandatory contract clauses flow down to subcontractors; OFCCP operates a complaint hotline and can pursue debarment. For grants, agency heads identify programs where recipient certification can be required and report to OMB within 60 days. OMB and OPM may issue joint guidance to coordinate enforcement. The order contains a standard severability clause.
Actions and deadlines
- OFCCP Director publishes Federal Register request for information on contractor diversity training programs
- Mandatory anti-stereotype clauses take effect in all new government contracts
- Agency heads submit reports to OMB Director listing grant programs subject to new certification requirements
- Each agency reports to OMB all FY2020 spending on diversity and inclusion training, itemized by contractor
- OPM Director proposes regulations on adverse performance actions for supervisors who authorize prohibited training
- Agency inspector generals review and assess agency compliance and submit report to OMB
- Agency heads issue internal orders incorporating this order's requirements into agency operations
- Attorney General and EEOC assess Title VII implications and issue guidance if appropriate