Combating Race and Sex Stereotyping, 60683-60689 [2020-21534]

Agencies

• Executive Office of the President

[Federal Register Volume 85, Number 188 (Monday, September 28, 2020)]
[Presidential Documents]
[Pages 60683-60689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21534]




                        Presidential Documents 



Federal Register / Vol. 85 , No. 188 / Monday, September 28, 2020 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 60683]]

                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 Independence: ``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 
                revolutionary, 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

[[Page 60684]]

                components of the Federal Government and among Federal 
                contractors. For example, the Department of the 
                Treasury recently held a seminar that promoted 
                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 differentiates 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 ``acknowledge'' 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 Republic: that all individuals are 
                created equal and should be allowed an equal 
                opportunity under the law to pursue happiness and 
                prosper based on individual merit.

                Executive departments and agencies (agencies), our 
                Uniformed Services, Federal 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 viewpoint. 
                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 principles, 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 
                contractors 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 workplace and 
                distract from the pursuit of excellence and 
                collaborative achievements in public administration.

[[Page 60685]]

                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 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.

                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 fundamentally 
                racist or sexist; (3) an individual, by virtue of his 
                or her race or sex, is inherently racist, sexist, or 
                oppressive, whether consciously or unconsciously; (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

[[Page 60686]]

                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 commitments 
                under the Executive Order of September 22, 2020, 
                entitled Combating 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 
                September 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, regulations, 
                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 information 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

[[Page 60687]]

                (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 individuals 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, 
encourage 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 supervisor 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 concepts 
                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

[[Page 60688]]

                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 directives 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 consistent 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.

[[Page 60689]]

                    (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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    September 22, 2020.

[FR Doc. 2020-21534
Filed 9-25-20; 8:45 am]
Billing code 3295-F0-P