ARTICLE · 24 SEPTEMBER 2020

President Issues Contractor "Critical Race Theory" Executive Order

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The Trump administration issued an executive order (EO) that will prohibit all contractors from providing employee training regarding subjects cited within the EO tied to race and sex relations.

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The Trump administration issued an executive order (EO) that will prohibit all contractors from providing employee training regarding subjects cited within the EO tied to race and sex relations. A contractor's obligation to comply with the EO will attach when language from the EO is added as a clause in a newly issued government contract.¹ This EO must be flowed down to subcontractors and the failure to comply could result in a range of penalties, including contract termination or debarment. Further, there do not appear to be exceptions for contracts solely for commercial or commercial-off-the-shelf items or for small businesses.

Grant recipients including academic institutions, at the discretion of the agency, also may be made to comply with this EO.

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