President Biden Ends Trump Era Ban on Certain Diversity Training Topics
On his first day in office, President Joe Biden rescinded an executive order that caused many federal contractors and grantees to stop their diversity training programs.
Former President Donald Trump’s Executive Order 13950 - Combating Race and Sex Stereotyping, among other things, barred contractors from holding workplace training that “inculcates in its employees any form of race or sex stereotyping or race and sex scapegoating.” In December 2020, a federal district court found key parts of Trump’s order unconstitutional.
In place of order 13950, Biden issued an executive order of his own, titled “Executive Order On Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.” This order:
- Rescinds order 13950 in its entirety
- States that it is the policy of the federal government to “pursue a comprehensive approach to advancing equity for all, including people of color and others who have been historically underserved, marginalized, and adversely affected by persistent poverty and inequality”
- Grants agencies up to 60 days to consider “suspending, revising, or rescinding any such actions, including all agency actions to terminate or restrict contracts or grants pursuant to Executive Order 13950, as appropriate and consistent with applicable law”
- Directs the Office of Management and Budget to review “whether agency policies and actions create or exacerbate barriers to full and equal participation by all eligible individuals” and to deliver a report on its findings to the president within the next six months
- Creates an Equitable Data Working Group to help measure and advance equity
What impact the new order might have remains to be seen. Please contact Stephanie Poucher or any member of Phelps’ Labor and Employment team if you have questions or need compliance advice and guidance.
