Trump Executive Order Bans Critical Race Theory Training by Federal Contractors
If your company is involved in federal treaties, you need to be aware of the potential impact of President Trump’s Executive Order of September 22, 2020 on the Critical Race Theory.
The regulation aims to prevent racial and gender stereotypes in the workplace by government contractors.
Critical Racial Theory promotes either diversity or division, depending on your views. It’s a controversial topic that is a focal point for some people.
Trump’s order states: “Therefore, it is United States policy not to promote racial or gender stereotypes or scapegoats in the federal workforce or in the Uniformed Services, and not to allow the use of grant funds for these purposes. In addition, federal companies are not permitted to convey such views to their employees. “
The provisions for federal contracts come into force 60 days after the executive ordinance is signed and come into force on November 21, 2020.
Federal entrepreneurs excluded from promoting race and gender stereotyping
What state contractors have to observe is Section 4 of the Implementing Regulation.
Section 4.1 of the order (the full text of which may be found here) require provisions such as:The contractor shall not conduct on-the-job training courses that impart any form of race or gender stereotyping or any form of race or sexual scapegoat to its employees. “Then the type of training is described further.
Section 4.2 requires state contractors to notify their unions and representatives of collective bargaining units of the contractor’s obligations under the Executive Ordinance. In addition, government contractors are required to post government-approved notices of engagement in the workplace for employees and applicants in suspicious areas.
According to section 4.3, if the contractor does not comply, the contracts can be terminated, terminated or suspended in whole or in part. The contractor may not be eligible for future government contracts.
The rule also applies to the subcontractors of a contractor and every order from the contractor in Section 4.4.
Section 4 of the Executive Order is prospective and applies to “any subsequent government contract” entered into 60 days after the date of the order, with the exception of contracts exempted by positive action.
Government contractors, including small businesses, participating in diversity training should be aware of the wording of the executive order.
According to attorney Eric Crusius Write On the Government of Holland and Knight Contract Blog, “Contractors should carefully review any ongoing or planned diversity and inclusion training to ensure that it meets the requirements set out in the PO.”
Hotline set up for whistleblowers
The Department of Labor says its Contract Compliance Programs Office (OFCCP) has set up a hotline to report complaints under the Executive Order. If someone suspects that a federal entrepreneur is promoting this race and gender stereotyping in their diversity training, they are encouraged to report it.
The phone number is 202-343-2008 and the email address is [email protected]