New Executive Order Limits Federal Contractors' Diversity Training

On Sept. 22, 2020, President Trump issued an Executive Order (EO) titled "Combating Race and Sex Stereotyping." This order bans the federal government, contractors, and grant recipients from conducting employee diversity training containing "divisive concepts" which "promote race or sex stereotyping or scapegoating." Contractors will need to review their diversity and sexual harassment training materials and programs to ensure compliance with the EO.

The definitions in Section 2 of the EO are key to compliance. The term "divisive concepts" lists the following nine concepts that workplace trainings must avoid:

1. One race or sex is inherently superior to another race or sex;
2. The United States is fundamentally racist or sexist;