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On Jan. 20, President Biden issued Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, which revoked EO 13950 issued by former President Trump regarding race or sex stereotyping or scapegoating in the workplace.

According to a U.S. Department of Labor news release, EO 13950 prohibited federal contractors and subcontractors from providing certain workplace diversity training and programs. Specifically, EO 13950 stated, “It shall be the policy of the United States not to promote race or sex stereotyping or scapegoating in the federal workforce or in the uniformed services and not to allow grant funds to be used for these purposes. In addition, federal contractors will not be permitted to inculcate such views in their employees.”

As part of EO 13985, the DOL’s Office of Federal Contract Compliance Programs is taking the following actions:

  • OFCCP has rescinded the Frequently Asked Questions regarding EO 13950;
  • OFCCP will cease operating the phone hotline and email address created to collect complaints related to contractors’ alleged noncompliance with Executive Order 13950;
  • OFCCP will administratively close all complaints regarding alleged noncompliance with Executive Order 13950 received through the hotline or any other means. To the extent possible, OFCCP will notify complainants and affected employers accordingly; and
  • OFCCP will not enforce any of the provisions required by Section 4(a) of EO 13950 contained in government contracts or subcontracts to the extent those provisions have already been included.

ABC general counsel Littler Mendelson P.C. wrote an analysis on the Biden EO, and more information can be found on the DOL website.