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OFCCP Issues Guidance on EO 13950 and Unconscious or Implicit Bias Training

The federal government’s Executive Order 13950 (signed September 22, 2020) prohibits federal contractors from promoting race or sex stereotyping or scapegoating or instilling such views in their employees through workplace diversity and inclusion trainings. On October 7, the Office of Federal Contract Compliance Programs (OFCCP) issued FAQs on the order, including the following guidance:

• Unconscious or implicit bias training is prohibited to the extent it teaches that an individual, by virtue of race, sex and/or national origin, is racist, sexist, oppressive or biased.
• Unconscious or implicit bias training is NOT prohibited if it is designed to inform workers, or foster discussion, about pre-conceptions, opinions, or stereotypes that people may have regarding people who are different, which could influence a worker’s conduct or speech and be perceived by others as offensive.

EO 13950 requirements apply to contracts entered into from November 21, 2020.

UPDATE: On January 20, 2021, President Joe Biden revoked Executive Order 13950 and directed all federal agencies to review and identify proposed and existing agency actions related to or arising from EO 13950, and within 60 days, the head of each agency shall consider suspending, revising or rescinding any such actions.