Combating Race and Sex Stereotyping
| Citation | 85 FR 60683 |
| Record Number | 2020-21534 |
| Published date | 28 September 2020 |
| Section | Presidential Documents |
| Court | Executive Office Of The President |
Presidential Documents
60683
Federal Register
Vol. 85, No. 188
Monday, September 28, 2020
Title 3—
The President
Executive Order 13950 of September 22, 2020
Combating Race and Sex Stereotyping
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Property and
Administrative Services Act, 40 U.S.C. 101 et seq., and in order to promote
economy and efficiency in Federal contracting, to promote unity in the
Federal workforce, and to combat offensive and anti-American race and
sex stereotyping and scapegoating, it is hereby ordered as follows:
Section 1. Purpose. From the battlefield of Gettysburg to the bus boycott
in Montgomery and the Selma-to-Montgomery marches, heroic Americans
have valiantly risked their lives to ensure that their children would grow
up in a Nation living out its creed, expressed in the Declaration of Independ-
ence: ‘‘We hold these truths to be self-evident, that all men are created
equal.’’ It was this belief in the inherent equality of every individual that
inspired the Founding generation to risk their lives, their fortunes, and
their sacred honor to establish a new Nation, unique among the countries
of the world. President Abraham Lincoln understood that this belief is
‘‘the electric cord’’ that ‘‘links the hearts of patriotic and liberty-loving’’
people, no matter their race or country of origin. It is the belief that inspired
the heroic black soldiers of the 54th Massachusetts Infantry Regiment to
defend that same Union at great cost in the Civil War. And it is what
inspired Dr. Martin Luther King, Jr., to dream that his children would
one day ‘‘not be judged by the color of their skin but by the content
of their character.’’
Thanks to the courage and sacrifice of our forebears, America has made
significant progress toward realization of our national creed, particularly
in the 57 years since Dr. King shared his dream with the country.
Today, however, many people are pushing a different vision of America
that is grounded in hierarchies based on collective social and political
identities rather than in the inherent and equal dignity of every person
as an individual. This ideology is rooted in the pernicious and false belief
that America is an irredeemably racist and sexist country; that some people,
simply on account of their race or sex, are oppressors; and that racial
and sexual identities are more important than our common status as human
beings and Americans.
This destructive ideology is grounded in misrepresentations of our country’s
history and its role in the world. Although presented as new and revolu-
tionary, they resurrect the discredited notions of the nineteenth century’s
apologists for slavery who, like President Lincoln’s rival Stephen A. Douglas,
maintained that our government ‘‘was made on the white basis’’ ‘‘by white
men, for the benefit of white men.’’ Our Founding documents rejected these
racialized views of America, which were soundly defeated on the blood-
stained battlefields of the Civil War. Yet they are now being repackaged
and sold as cutting-edge insights. They are designed to divide us and to
prevent us from uniting as one people in pursuit of one common destiny
for our great country.
Unfortunately, this malign ideology is now migrating from the fringes of
American society and threatens to infect core institutions of our country.
Instructors and materials teaching that men and members of certain races,
as well as our most venerable institutions, are inherently sexist and racist
are appearing in workplace diversity trainings across the country, even in
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components of the Federal Government and among Federal contractors. For
example, the Department of the Treasury recently held a seminar that pro-
moted arguments that ‘‘virtually all White people, regardless of how ‘woke’
they are, contribute to racism,’’ and that instructed small group leaders
to encourage employees to avoid ‘‘narratives’’ that Americans should ‘‘be
more color-blind’’ or ‘‘let people’s skills and personalities be what differen-
tiates them.’’
Training materials from Argonne National Laboratories, a Federal entity,
stated that racism ‘‘is interwoven into every fabric of America’’ and described
statements like ‘‘color blindness’’ and the ‘‘meritocracy’’ as ‘‘actions of bias.’’
Materials from Sandia National Laboratories, also a Federal entity, for non-
minority males stated that an emphasis on ‘‘rationality over emotionality’’
was a characteristic of ‘‘white male[s],’’ and asked those present to ‘‘acknowl-
edge’’ their ‘‘privilege’’ to each other.
A Smithsonian Institution museum graphic recently claimed that concepts
like ‘‘[o]bjective, rational linear thinking,’’ ‘‘[h]ard work’’ being ‘‘the key
to success,’’ the ‘‘nuclear family,’’ and belief in a single god are not values
that unite Americans of all races but are instead ‘‘aspects and assumptions
of whiteness.’’ The museum also stated that ‘‘[f]acing your whiteness is
hard and can result in feelings of guilt, sadness, confusion, defensiveness,
or fear.’’
All of this is contrary to the fundamental premises underpinning our Repub-
lic: that all individuals are created equal and should be allowed an equal
opportunity under the law to pursue happiness and prosper based on indi-
vidual merit.
Executive departments and agencies (agencies), our Uniformed Services, Fed-
eral contractors, and Federal grant recipients should, of course, continue
to foster environments devoid of hostility grounded in race, sex, and other
federally protected characteristics. Training employees to create an inclusive
workplace is appropriate and beneficial. The Federal Government is, and
must always be, committed to the fair and equal treatment of all individuals
before the law.
But training like that discussed above perpetuates racial stereotypes and
division and can use subtle coercive pressure to ensure conformity of view-
point. Such ideas may be fashionable in the academy, but they have no
place in programs and activities supported by Federal taxpayer dollars.
Research also suggests that blame-focused diversity training reinforces biases
and decreases opportunities for minorities.
Our Federal civil service system is based on merit principles. These prin-
ciples, codified at 5 U.S.C. 2301, call for all employees to ‘‘receive fair
and equitable treatment in all aspects of personnel management without
regard to’’ race or sex ‘‘and with proper regard for their . . . constitutional
rights.’’ Instructing Federal employees that treating individuals on the basis
of individual merit is racist or sexist directly undermines our Merit System
Principles and impairs the efficiency of the Federal service. Similarly, our
Uniformed Services should not teach our heroic men and women in uniform
the lie that the country for which they are willing to die is fundamentally
racist. Such teachings could directly threaten the cohesion and effectiveness
of our Uniformed Services.
Such activities also promote division and inefficiency when carried out
by Federal contractors. The Federal Government has long prohibited Federal
contractors from engaging in race or sex discrimination and required contrac-
tors to take affirmative action to ensure that such discrimination does not
occur. The participation of contractors’ employees in training that promotes
race or sex stereotyping or scapegoating similarly undermines efficiency
in Federal contracting. Such requirements promote divisiveness in the work-
place and distract from the pursuit of excellence and collaborative achieve-
ments in public administration.
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Therefore, 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 Uni-
formed 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.
Sec. 2. Definitions. For the purposes of this order, the phrase:
(a) ‘‘Divisive concepts’’ means the concepts that (1) one race or sex is
inherently superior to another race or sex; (2) the United States is fundamen-
tally racist or sexist; (3) an individual, by virtue of his or her race or
sex, is inherently racist, sexist, or oppressive, whether consciously or uncon-
sciously; (4) an individual should be discriminated against or receive adverse
treatment solely or partly because of his or her race or sex; (5) members
of one race or sex cannot and should not attempt to treat others without
respect to race or sex; (6) an individual’s moral character is necessarily
determined by his or her race or sex; (7) an individual, by virtue of his
or her race or sex, bears responsibility for actions committed in the past
by other members of the same race or sex; (8) any individual should feel
discomfort, guilt, anguish, or any other form of psychological distress on
account of his or her race or sex; or (9) meritocracy or traits such as
a hard work ethic are racist or sexist, or were created by a particular
race to oppress another race. The term ‘‘divisive concepts’’ also includes
any other form of race or sex stereotyping or any other form of race or
sex scapegoating.
(b) ‘‘Race or sex stereotyping’’ means ascribing character traits, values,
moral and ethical codes, privileges, status, or beliefs to a race or sex, or
to an individual because of his or her race or sex.
(c) ‘‘Race or sex scapegoating’’ means assigning fault, blame, or bias to
a race or sex, or to members of a race or sex because of their race or
sex. It similarly encompasses any claim that, consciously or unconsciously,
and by virtue of his or her race or sex, members of any race are inherently
racist or are inherently inclined to oppress others, or that members of
a sex are inherently sexist or inclined to oppress others.
(d) ‘‘Senior political appointee’’ means an individual appointed by the
President, or a non-career member of the Senior Executive Service (or agency-
equivalent system).
Sec. 3. Requirements for the United States Uniformed Services. The United
States Uniformed Services, including the United States Armed Forces, shall
not teach, instruct, or train any member of the United States Uniformed
Services, whether serving on active duty, serving on reserve duty, attending
a military service academy, or attending courses conducted by a military
department pursuant to a Reserve Officer Corps Training program, to believe
any of the divisive concepts set forth in section 2(a) of this order. No
member of the United States Uniformed Services shall face any penalty
or discrimination on account of his or her refusal to support, believe, endorse,
embrace, confess, act upon, or otherwise assent to these concepts.
Sec. 4. Requirements for Government Contractors. (a) Except in contracts
exempted in the manner provided by section 204 of Executive Order 11246
of September 24, 1965 (Equal Employment Opportunity), as amended, all
Government contracting agencies shall include in every Government contract
hereafter entered into the following provisions:
‘‘During the performance of this contract, the contractor agrees as follows:
1. The contractor shall not use any workplace training that inculcates in
its employees any form of race or sex stereotyping or any form of race
or sex scapegoating, including the concepts that (a) one race or sex is
inherently superior to another race or sex; (b) an individual, by virtue
of his or her race or sex, is inherently racist, sexist, or oppressive, whether
consciously or unconsciously; (c) an individual should be discriminated
against or receive adverse treatment solely or partly because of his or her
race or sex; (d) members of one race or sex cannot and should not attempt
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to treat others without respect to race or sex; (e) an individual’s moral
character is necessarily determined by his or her race or sex; (f) an individual,
by virtue of his or her race or sex, bears responsibility for actions committed
in the past by other members of the same race or sex; (g) any individual
should feel discomfort, guilt, anguish, or any other form of psychological
distress on account of his or her race or sex; or (h) meritocracy or traits
such as a hard work ethic are racist or sexist, or were created by a particular
race to oppress another race. The term ‘‘race or sex stereotyping’’ means
ascribing character traits, values, moral and ethical codes, privileges, status,
or beliefs to a race or sex, or to an individual because of his or her race
or sex, and the term ‘‘race or sex scapegoating’’ means assigning fault,
blame, or bias to a race or sex, or to members of a race or sex because
of their race or sex.
2. The contractor will send to each labor union or representative of workers
with which he has a collective bargaining agreement or other contract or
understanding, a notice, to be provided by the agency contracting officer,
advising the labor union or workers’ representative of the contractor’s com-
mitments under the Executive Order of September 22, 2020, entitled Com-
bating Race and Sex Stereotyping, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
3. In the event of the contractor’s noncompliance with the requirements
of paragraphs (1), (2), and (4), or with any rules, regulations, or orders
that may be promulgated in accordance with the Executive Order of Sep-
tember 22, 2020, this contract may be canceled, terminated, or suspended
in whole or in part and the contractor may be declared ineligible for further
Government contracts in accordance with procedures authorized in Executive
Order 11246, and such other sanctions may be imposed and remedies invoked
as provided by any rules, regulations, or orders the Secretary of Labor
has issued or adopted pursuant to Executive Order 11246, including subpart
D of that order.
4. The contractor will include the provisions of paragraphs (1) through
(4) in every subcontract or purchase order unless exempted by rules, regula-
tions, or orders of the Secretary of Labor, so that such provisions will
be binding upon each subcontractor or vendor. The contractor will take
such action with respect to any subcontract or purchase order as may be
directed by the Secretary of Labor as a means of enforcing such provisions
including sanctions for noncompliance: Provided, however, that in the event
the contractor becomes involved in, or is threatened with, litigation with
a subcontractor or vendor as a result of such direction, the contractor may
request the United States to enter into such litigation to protect the interests
of the United States.’’
(b) The Department of Labor is directed, through the Office of Federal
Contract Compliance Programs (OFCCP), to establish a hotline and investigate
complaints received under both this order as well as Executive Order 11246
alleging that a Federal contractor is utilizing such training programs in
violation of the contractor’s obligations under those orders. The Department
shall take appropriate enforcement action and provide remedial relief, as
appropriate.
(c) Within 30 days of the date of this order, the Director of OFCCP
shall publish in the Federal Register a request for information seeking infor-
mation from Federal contractors, Federal subcontractors, and employees of
Federal contractors and subcontractors regarding the training, workshops,
or similar programming provided to employees. The request for information
should request copies of any training, workshop, or similar programing
having to do with diversity and inclusion as well as information about
the duration, frequency, and expense of such activities.
Sec. 5. Requirements for Federal Grants. The heads of all agencies shall
review their respective grant programs and identify programs for which
the agency may, as a condition of receiving such a grant, require the recipient
to certify that it will not use Federal funds to promote the concepts that
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(a) one race or sex is inherently superior to another race or sex; (b) an
individual, by virtue of his or her race or sex, is inherently racist, sexist,
or oppressive, whether consciously or unconsciously; (c) an individual
should be discriminated against or receive adverse treatment solely or partly
because of his or her race or sex; (d) members of one race or sex cannot
and should not attempt to treat others without respect to race or sex; (e)
an individual’s moral character is necessarily determined by his or her
race or sex; (f) an individual, by virtue of his or her race or sex, bears
responsibility for actions committed in the past by other members of the
same race or sex; (g) any individual should feel discomfort, guilt, anguish,
or any other form of psychological distress on account of his or her race
or sex; or (h) meritocracy or traits such as a hard work ethic are racist
or sexist, or were created by a particular race to oppress another race.
Within 60 days of the date of this order, the heads of agencies shall each
submit a report to the Director of the Office of Management and Budget
(OMB) that lists all grant programs so identified.
Sec. 6. Requirements for Agencies. (a) The fair and equal treatment of individ-
uals is an inviolable principle that must be maintained in the Federal
workplace. Agencies should continue all training that will foster a workplace
that is respectful of all employees. Accordingly:
(i) The head of each agency shall use his or her authority under 5 U.S.C.
301, 302, and 4103 to ensure that the agency, agency employees while
on duty status, and any contractors hired by the agency to provide training,
workshops, forums, or similar programming (for purposes of this section,
‘‘training’’) to agency employees do not teach, advocate, act upon, or
promote in any training to agency employees any of the divisive concepts
listed in section 2(a) of this order. Agencies may consult with the Office
of Personnel Management (OPM), pursuant to 5 U.S.C. 4116, in carrying
out this provision; and
(ii) Agency diversity and inclusion efforts shall, first and foremost, encour-
age agency employees not to judge each other by their color, race, ethnicity,
sex, or any other characteristic protected by Federal law.
(b) The Director of OPM shall propose regulations providing that agency
officials with supervisory authority over a supervisor or an employee with
responsibility for promoting diversity and inclusion, if such supervisor or
employee either authorizes or approves training that promotes the divisive
concepts set forth in section 2(a) of this order, shall take appropriate steps
to pursue a performance-based adverse action proceeding against such super-
visor or employee under chapter 43 or 75 of title 5, United States Code.
(c) Each agency head shall:
(i) issue an order incorporating the requirements of this order into agency
operations, including by making compliance with this order a provision
in all agency contracts for diversity training;
(ii) request that the agency inspector general thoroughly review and assess
by the end of the calendar year, and not less than annually thereafter,
agency compliance with the requirements of this order in the form of
a report submitted to OMB; and
(iii) assign at least one senior political appointee responsibility for ensuring
compliance with the requirements of this order.
Sec. 7. OMB and OPM Review of Agency Training. (a) Consistent with
OPM’s authority under 5 U.S.C. 4115–4118, all training programs for agency
employees relating to diversity or inclusion shall, before being used, be
reviewed by OPM for compliance with the requirements of section 6 of
this order.
(b) If a contractor provides a training for agency employees relating to
diversity or inclusion that teaches, advocates, or promotes the divisive con-
cepts set forth in section 2(a) of this order, and such action is in violation
of the applicable contract, the agency that contracted for such training shall
evaluate whether to pursue debarment of that contractor, consistent with
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applicable law and regulations, and in consultation with the Interagency
Suspension and Debarment Committee.
(c) Within 90 days of the date of this order, each agency shall report
to OMB all spending in Fiscal Year 2020 on Federal employee training
programs relating to diversity or inclusion, whether conducted internally
or by contractors. Such report shall, in addition to providing aggregate
totals, delineate awards to each individual contractor.
(d) The Directors of OMB and OPM may jointly issue guidance and direc-
tives pertaining to agency obligations under, and ensuring compliance with,
this order.
Sec. 8. Title VII Guidance. The Attorney General should continue to assess
the extent to which workplace training that teaches the divisive concepts
set forth in section 2(a) of this order may contribute to a hostile work
environment and give rise to potential liability under Title VII of the Civil
Rights Act of 1964, 42 U.S.C. 2000e et seq. If appropriate, the Attorney
General and the Equal Employment Opportunity Commission shall issue
publicly available guidance to assist employers in better promoting diversity
and inclusive workplaces consistent with Title VII.
Sec. 9. Effective Date. This order is effective immediately, except that the
requirements of section 4 of this order shall apply to contracts entered
into 60 days after the date of this order.
Sec. 10. General Provisions. (a) This order does not prevent agencies, the
United States Uniformed Services, or contractors from promoting racial,
cultural, or ethnic diversity or inclusiveness, provided such efforts are con-
sistent with the requirements of this order.
(b) Nothing in this order shall be construed to prohibit discussing, as
part of a larger course of academic instruction, the divisive concepts listed
in section 2(a) of this order in an objective manner and without endorsement.
(c) If any provision of this order, or the application of any provision
to any person or circumstance, is held to be invalid, the remainder of
this order and the application of its provisions to any other persons or
circumstances shall not be affected thereby.
(d) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or
the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(e) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
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(f) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by any party
against the United States, its departments, agencies, or entities, its officers,
employees, or agents, or any other person.
THE WHITE HOUSE,
September 22, 2020.
[FR Doc. 2020–21534
Filed 9–25–20; 8:45 am]
Billing code 3295–F0–P
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