Request for Information; Race and Sex Stereotyping and Scapegoating, 67375-67378 [2020-23339]

Download as PDF 67375 Federal Register / Vol. 85, No. 205 / Thursday, October 22, 2020 / Notices for a hearing on the application on or before December 21, 2020. ADDRESSES: Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/DPW, 8701 Morrissette Drive, Springfield, Virginia 22152. In accordance with 21 CFR 1301.33(a), this is notice that on October 6, 2020, SUPPLEMENTARY INFORMATION: Noramco Inc. 500 Swedes Landing Road, Wilmington, Delaware 19801– 4417, applied to be registered as an bulk manufacturer of the following basic class(es) of controlled substance(s): Controlled substance Drug code Marihuana ........................................................................................................................................................................ Tetrahydrocannabinols .................................................................................................................................................... Codeine-N-oxide .............................................................................................................................................................. Dihydromorphine ............................................................................................................................................................. Hydromorphinol ............................................................................................................................................................... Morphine-N-oxide ............................................................................................................................................................ Amphetamine ................................................................................................................................................................... Lisdexamfetamine ............................................................................................................................................................ Methylphenidate .............................................................................................................................................................. Nabilone ........................................................................................................................................................................... Phenylacetone ................................................................................................................................................................. Codeine ........................................................................................................................................................................... Dihydrocodeine ................................................................................................................................................................ Oxycodone ....................................................................................................................................................................... Hydromorphone ............................................................................................................................................................... Hydrocodone ................................................................................................................................................................... Morphine .......................................................................................................................................................................... Oripavine ......................................................................................................................................................................... Thebaine .......................................................................................................................................................................... Opium extracts ................................................................................................................................................................ Opium fluid extract .......................................................................................................................................................... Opium tincture ................................................................................................................................................................. Opium, powdered ............................................................................................................................................................ Opium, granulated ........................................................................................................................................................... Oxymorphone .................................................................................................................................................................. Noroxymorphone ............................................................................................................................................................. Tapentadol ....................................................................................................................................................................... The company plans to manufacture the listed controlled substances as an Active Pharmaceutical Ingredient (API) for supply to its customers. In reference to drug codes 7360 (Marihuana) and 7370 (Tetrahydrocannabinols), the company plans to bulk manufacture these drugs as synthetics. No other activities for these drug codes are authorized for this registration. William T. McDermott, Assistant Administrator. Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/DPW, 8701 Morrissette Drive, Springfield, Virginia 22152. BILLING CODE P DEPARTMENT OF JUSTICE Drug Enforcement Administration Bulk Manufacturer of Controlled Substances Application: Kinetochem LLC Drug Enforcement Administration, Justice. ACTION: Notice of application. AGENCY: Jkt 253001 The company plans to synthetically manufacture drug codes 7360 (Marihuana) and 7370 (Tetrahydrocannabinols), in bulk for distribution and sale to its customers. No other activities for these drugs are authorized for this registration. William T. McDermott, Assistant Administrator. [FR Doc. 2020–23395 Filed 10–21–20; 8:45 am] BILLING CODE 4410–09–P DEPARTMENT OF LABOR Office of Federal Contract Compliance Programs RIN 1250–ZA01 Request for Information; Race and Sex Stereotyping and Scapegoating Office of Federal Contract Compliance Programs ACTION: Request for information AGENCY: The Office of Federal Contract Compliance Programs (OFCCP) at the Department of Labor seeks comments, information, and materials from the public relating to workplace trainings that involve race or sex stereotyping or SUMMARY: Kinetochem LLC has applied to be registered as a bulk manufacturer of basic class(es) of controlled substance(s). Refer to SUPPLEMENTARY 17:35 Oct 21, 2020 In accordance with 21 CFR 1301.33(a), this is notice that on October 5, 2020, Kinetochem LLC, 111 W Cooperative Way, Suite 310–B, Georgetown, Texas 78626, applied to be registered as a bulk manufacturer of the following basic class(es) of controlled substance(s): SUPPLEMENTARY INFORMATION: [Docket No. DEA–733] VerDate Sep<11>2014 Registered bulk manufacturers of the affected basic class(es), and applicants therefore, may file written comments on or objections to the issuance of the proposed registration on or before December 21, 2020. Such persons may also file a written request for a hearing on the application on or before December 21, 2020. DATES: I I I I I I II II II II II II II II II II II II II II II II II II II II II ADDRESSES: [FR Doc. 2020–23396 Filed 10–21–20; 8:45 am] SUMMARY: INFORMATION listed below for further drug information. 7360 7370 9053 9145 9301 9307 1100 1205 1724 7379 8501 9050 9120 9143 9150 9193 9300 9330 9333 9610 9620 9630 9639 9640 9652 9668 9780 Schedule Drug code Controlled substance Marihuana ...................... Tetrahydrocannabinols .. PO 00000 Frm 00046 Fmt 4703 Schedule 7360 7370 Sfmt 4703 I I E:\FR\FM\22OCN1.SGM 22OCN1 67376 Federal Register / Vol. 85, No. 205 / Thursday, October 22, 2020 / Notices scapegoating. OFCCP protects workers by ensuring that those doing business with the Federal government (known as Federal contractors and subcontractors) do not treat workers differently on the basis of race, sex, or other protected characteristics. Information provided in response to this request will assist OFCCP in that mission. This request for information also provides hotline contact information (202–343–2008 and OFCCPComplaintHotline@dol.gov) that can be used to confidentially report to the Federal government the unlawful use of racist or sexist training materials. DATES: Submit comments, information, and materials on or before December 1, 2020. ADDRESSES: You may submit comments, information, and materials by any of the following methods: Electronic comments: The Federal eRulemaking portal at www.regulations.gov. Follow the instructions found on that website. Mail, Hand Delivery, Courier: Addressed to Tina Williams, Director, Division of Policy and Program Development, Office of Federal Contract Compliance Programs, 200 Constitution Avenue NW, Room C–3325, Washington, DC 20210. Instructions: Please submit one copy of your submission by only one method. For faster submission, we encourage commenters to submit electronically via www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Tina Williams, Director, Division of Policy and Program Development, Office of Federal Contract Compliance Programs, Room C–3325, 200 Constitution Avenue NW, Washington, DC 20210. Telephone: (202) 693–0103 (voice) or (202) 693– 1337 (TTY) (these are not toll-free numbers). Copies of this notice may be obtained in alternative formats (large print, braille, audio recording) upon request by calling the numbers listed above. SUPPLEMENTARY INFORMATION: I. Background Millions of Americans are employed by Federal contractors and subcontractors.1 These employers have certain obligations to their employees under a presidential directive known as Executive Order 11246. That order requires Federal contractors not to discriminate in employment and to take affirmative action to ensure equal opportunity without regard to race, sex, and other protected characteristics. 1 For purposes of this request for information, ‘‘contractor’’ and ‘‘subcontractor’’ are used interchangeably. VerDate Sep<11>2014 17:35 Oct 21, 2020 Jkt 253001 OFCCP ensures Federal contractors uphold their nondiscrimination and affirmative action obligations to their employees. Relatedly, on September 22, 2020, President Donald J. Trump signed Executive Order 13950, titled Combating Race and Sex Stereotyping.2 Executive Order 13950 established that it is ‘‘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 further stated that ‘‘Federal contractors will not be permitted to inculcate such views in their employees’’ through workplace training.3 The order notes that materials teaching that men and members of certain races are inherently sexist and racist have recently appeared in workplace diversity trainings across the country. Through this request for information, the Department invites the public to provide information or materials concerning any workplace trainings of Federal contractors that involve such stereotyping or scapegoating. Please note that training is not prohibited if it is designed to inform workers, or foster discussion, about preconceptions, opinions, or stereotypes that people—regardless of their race or sex—may have regarding people who are different, which could influence a worker’s conduct or speech and be perceived by others as offensive. As used in this request for information, ‘‘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.’’ 4 ‘‘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,’’ and includes claims ‘‘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.’’ 5 Executive Order 13950 clarifies that workplace trainings that promote the following concepts qualify as unlawful race or sex stereotyping or scapegoating: (a) One race or sex is inherently superior to another race or sex; 2 85 FR 60683. at 60685. Trainings that teach race or sex stereotyping or race or sex scapegoating may also violate Executive Order 11246, which forbids Federal contractors and subcontractors from discriminating on the basis of race or sex in employment. 4 Id. at 60685. 5 Id. at 60685. 3 Id. PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 (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. Examples of impermissible scapegoating or stereotyping include training materials stating ‘‘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.’ ’’ 6 To gain a better understanding regarding potentially unlawful training materials that are being used by Federal contractors and subcontractors, President Trump instructed the Director of OFCCP to request information from these contractors and subcontractors and their employees regarding the trainings that have been provided.7 The President further directed that 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.’’ 8 This request for information is being published in response to the President’s directives. A purpose of this request for information is to obtain information to formulate OFCCP programming and compliance assistance related to Executive Order 13950. II. Types of Comments, Information, and Materials Requested OFCCP requests comments, information, and materials from Federal 6 Id. 7 Id. at 60684. at 60686. 8 Id. E:\FR\FM\22OCN1.SGM 22OCN1 Federal Register / Vol. 85, No. 205 / Thursday, October 22, 2020 / Notices contractors, Federal subcontractors, and employees of Federal contractors and subcontractors concerning workplace trainings involving prohibited race or sex stereotyping or scapegoating.9 You may provide various other types of materials, such as PowerPoints, photographs, videos, handwritten notes, or printed handouts. OFCCP welcomes all forms of media and data that have in recent years been used, or that may soon be used, in both voluntary and mandatory trainings, workshops, or similar programming. You do not need to provide a response for every category number. In submitting a response, you are encouraged (but not required) to note the specific sections of materials (such as page numbers or section headings) that you believe fit within a category number listed below. You should provide responses reasonably related to this request for information. Materials may be submitted anonymously. However, any materials submitted in response to this request for information may be subject to public disclosure, including any personal information provided. You should not provide information or materials prohibited by law from disclosure under a valid confidentiality agreement, information or materials that are trade secrets, information or materials that are copyrighted, or information or materials that contain individual medical information or personally identifiable information. OFCCP seeks information and materials concerning any or all of the following categories, if applicable: 1. Workplace trainings that promote, or could be reasonably interpreted to promote, race or sex stereotyping. 2. Workplace trainings that promote, or could be reasonably interpreted to promote, race or sex scapegoating. 3. The duration of any workplace training identified in categories 1 or 2. 4. The frequency of any workplace training identified in categories 1 or 2. 5. The expense or costs associated with any workplace training identified in categories 1 or 2. OFCCP additionally requests input on any or all of the following questions, if applicable: 6. Have there been complaints concerning this workplace training? Have you or other employees been disciplined for complaining or otherwise questioning this workplace training? 7. Who develops your company’s diversity training? Is it developed by 9 Other stakeholders are invited to submit comments as well. VerDate Sep<11>2014 17:35 Oct 21, 2020 Jkt 253001 individuals from your company, or an outside company? 8. Is diversity training mandatory at your company? If only certain trainings are mandatory, which ones are mandatory and which ones are optional? 9. Approximately what portion of your company’s annual mandatory training relates to diversity? 10. Approximately what portion of your company’s annual optional training relates to diversity? III. How to Confidentially Report Information Through OFCCP’s New Hotline OFCCP has created an email and telephone hotline to report potentially non-compliant workplace training materials. Executive Order 13950 directed the Department of Labor, through OFCCP, ‘‘to establish a hotline and investigate complaints received under both [Executive Order 13950] as well as Executive Order 11246 alleging that a Federal contractor is utilizing . . . training programs in violation of the contractor’s obligations under those orders.’’ 10 Executive Order 13950 further directed the Department of Labor to ‘‘take appropriate enforcement action and provide remedial relief, as appropriate.’’ 11 Employees and other concerned members of the public are encouraged to report potentially unlawful training materials by calling (202) 343–2008 or emailing OFCCPComplaintHotline@ dol.gov. To the fullest extent permissible by law, OFCCP will protect the confidentiality of those who submit information through the hotline. Unlike hotline communications, responses to this request for information may become a matter of public record and may be subject to public disclosure as described above. Employees and other concerned members of the public who wish to confidentially report potentially non-compliant information or materials should do so through the hotline information provided above. IV. Voluntary Compliance for Employers Federal contractors and subcontractors questioning whether their workplace trainings, workshops, or similar programs are compliant with Executive Order 13950 or Executive Order 11246 are encouraged to voluntarily submit information and materials in response to this request for information. OFCCP will provide compliance assistance as requested to 10 Id. at 60686. 11 Id. PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 67377 Federal contractors and subcontractors that voluntarily submit such information or materials. OFCCP will, consistent with law, exercise its enforcement discretion and not take enforcement action against Federal contractors and subcontractors that voluntarily submit information or materials in response to this request for information, as it relates to submitted information or materials and potential non-compliance with Executive Orders 13950 or 11246, provided that such contractor or subcontractor promptly comes into compliance with the Executive Orders as directed by OFCCP. If a Federal contractor or subcontractor who voluntarily submits information or materials in response to this request for information is determined by OFCCP to have non-compliant materials, and the contractor or subcontractor refuses to correct the issue after compliance assistance is provided, OFCCP may take enforcement action against the contractor or subcontractor if OFCCP later receives the contractor or subcontractor’s materials through a separate source, such as a neutrally scheduled audit, in connection with a complaint, or if submitted by an employee in response to this RFI. OFCCP will keep information and materials submitted under this process confidential under Exemption 4 of the Freedom of Information Act to the maximum extent permitted by law, unless disclosure is necessary and appropriate in Federal Governmentinitiated proceedings. A Federal contractor or subcontractor may opt for the above-described enforcement discretion only if the relevant information or materials are submitted to OFCCP by one of the contractor’s or subcontractor’s executives, owners, or legal representatives with actual authority to legally bind the contractor or subcontractor in agreements with the United States Government. Should a qualifying executive, owner, or legal representative of the contractor or subcontractor submit information or materials on behalf of the contractor or subcontractor as requested in this request for information, the fact that a worker employed by the contractor or subcontractor may have also submitted the same (or substantially the same) information or materials to OFCCP, or submitted a complaint based on such information or materials, will not disqualify the contractor or subcontractor from choosing the types of compliance assistance and enforcement discretion described herein. But as noted above, OFCCP reserves the right to take enforcement E:\FR\FM\22OCN1.SGM 22OCN1 67378 Federal Register / Vol. 85, No. 205 / Thursday, October 22, 2020 / Notices action as to information or materials submitted by employees in response to this RFI if the contractor or subcontractor refuses to correct noncompliant materials after receiving compliance assistance. Regarding all other Federal contractors and subcontractors, there are no adverse legal consequences for choosing not to participate in this request for information. This request for information is strictly voluntary; it simply offers Federal contractors and subcontractors an opportunity in the exercise of OFCCP’s enforcement discretion to come into compliance with their legal obligations to the extent they have concerns. V. Conclusion Pursuant to Executive Order 13950, OFCCP invites Federal contractors, Federal subcontractors, and employees of Federal contractors and subcontractors to submit comments, information, and materials as described above. This request for information will enable OFCCP to better combat race and sex stereotyping and scapegoating within the contractor community. Craig E. Leen, Director, OFCCP. [FR Doc. 2020–23339 Filed 10–21–20; 8:45 am] BILLING CODE 4510–45–P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA–2016–0005] Preparations for the 39th Session of the UN Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (UNSCEGHS) Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notice of public meetings. AGENCY: This notice is to advise interested persons that OSHA will conduct a virtual public meeting in advance of certain international meetings. The first meeting will be held in advance of the official 39th session of the United Nations Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (UNSCEGHS) to be held as a hybrid (in-person and virtual) meeting in early December 9–11, 2020, in Geneva, Switzerland. OSHA, along with the U.S. Interagency Globally Harmonized System of Classification and Labelling of Chemicals (GHS) SUMMARY: VerDate Sep<11>2014 17:35 Oct 21, 2020 Jkt 253001 Coordinating Group, plans to consider the comments and information gathered at this public meeting when developing the U.S. Government positions for the UNSCEGHS meeting. DATES: The virtual public meeting will take place on November 19, 2020. Specific information for each meeting will be posted when available on the OSHA website at https://www.osha.gov/ dsg/hazcom/hazcom_ international.html#meeting-notice. ADDRESSES: The meetings will be virtually hosted through the DOT Headquarters Conference Center, 1200 New Jersey Avenue SE, Washington, DC 20590. Written Comments: Interested parties may submit comments between November 17 through December 3, 2020, on the Working and Informal Papers for the 39th sessions of the UNSCEGHS to the docket established for International/Globally Harmonized System (GHS) efforts at: https:// www.regulations.gov, Docket No. OSHA–2016–0005. Registration To Attend and/or To Participate in the Virtual Meeting: These meetings will be open to the public on a first-come, first served basis, as space is limited. Advanced meeting registration information will be posted on the PHMSA website. DOT is committed to providing equal access to this meeting for all participants. If you need alternative formats or services because of a disability, such as sign language, interpretation, or other ancillary aids, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. Attendees may use the same form to pre-register for both meetings. Failure to pre-register may delay your access into the DOT Headquarters conference call line. Conference call-in and ‘‘Skype meeting’’ capability will be provided for both meetings. Information on how to access the conference call and ‘‘Skype meeting’’ will be posted when available at: https://www.phmsa.dot.gov/ international-program/internationalprogram-overview under Upcoming Events. This information will also be posted on OSHA’s Hazard Communication website on the international tab at: https:// www.osha.gov/dsg/hazcom/hazcom_ international.html#meeting-notice. FOR FURTHER INFORMATION CONTACT: At the Department of Transportation: Please contact Mr. Steven Webb or Mr. Aaron Wiener, Office of Hazardous Materials Safety, Department of Transportation, Washington, DC 20590, telephone: (202) 366–8553. PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 At the Department of Labor: Please contact Ms. Maureen Ruskin, OSHA Directorate of Standards and Guidance, Department of Labor, Washington DC 20210, telephone: (202) 693–1950, email: ruskin.maureen@dol.gov. SUPPLEMENTARY INFORMATION: OSHA will conduct a virtual public meeting in advance of the 39th session of the United Nations Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (UNSCEGHS) to be held as a hybrid meeting in early December 2020, in Geneva, Switzerland. This virtual public meeting will occur jointly with the Department of Transportation (DOT), Pipeline and Hazardous Materials Safety Administration (PHMSA) (see FR Doc. 2020–09076 Filed 4–28–20) to discuss proposals in preparation for the 57th session of the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCETDG) to be held as a hybrid meeting November 30–December 8, 2020. Advanced meeting registration information will be posted on the PHMSA website (see Docket No. PHMSA–2019–0224; Notice No. 2020– 02). For each of these meetings, OSHA and PHMSA will solicit public input on U.S. government positions regarding proposals submitted by member countries in advance of each meeting. The OSHA Meeting OSHA is hosting an open informal public meeting of the official 39th session of the UNSCEGHS which will represent the third and final meeting scheduled for the 2019–2020 biennium. Information on the work of the UNSCEGHS including meeting agendas, working and informal papers, reports, and documents from previous sessions can be found on the United Nations Economic Commission for Europe (UNECE) Transport Division website located at: https://www.unece.org/trans/ danger/publi/ghs/ghs_welcome_e.html. The PHMSA Meeting Additional information regarding the UNSCETDG and related matters can be found on PHMSA’s website at: https:// www.phmsa.dot.gov/internationalprogram/international-programoverview. Authority and Signature Loren Sweatt, Principal Deputy Assistant Secretary for Occupational Safety and Health, U.S. Department of Labor, authorized the preparation of this notice under the authority granted by sections 4, 6, and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. E:\FR\FM\22OCN1.SGM 22OCN1

Agencies

[Federal Register Volume 85, Number 205 (Thursday, October 22, 2020)]
[Notices]
[Pages 67375-67378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23339]


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DEPARTMENT OF LABOR

Office of Federal Contract Compliance Programs

RIN 1250-ZA01


Request for Information; Race and Sex Stereotyping and 
Scapegoating

AGENCY: Office of Federal Contract Compliance Programs

ACTION: Request for information

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SUMMARY: The Office of Federal Contract Compliance Programs (OFCCP) at 
the Department of Labor seeks comments, information, and materials from 
the public relating to workplace trainings that involve race or sex 
stereotyping or

[[Page 67376]]

scapegoating. OFCCP protects workers by ensuring that those doing 
business with the Federal government (known as Federal contractors and 
subcontractors) do not treat workers differently on the basis of race, 
sex, or other protected characteristics. Information provided in 
response to this request will assist OFCCP in that mission. This 
request for information also provides hotline contact information (202-
343-2008 and [email protected]) that can be used to 
confidentially report to the Federal government the unlawful use of 
racist or sexist training materials.

DATES: Submit comments, information, and materials on or before 
December 1, 2020.

ADDRESSES: You may submit comments, information, and materials by any 
of the following methods:
    Electronic comments: The Federal eRulemaking portal at 
www.regulations.gov. Follow the instructions found on that website.
    Mail, Hand Delivery, Courier: Addressed to Tina Williams, Director, 
Division of Policy and Program Development, Office of Federal Contract 
Compliance Programs, 200 Constitution Avenue NW, Room C-3325, 
Washington, DC 20210.
    Instructions: Please submit one copy of your submission by only one 
method. For faster submission, we encourage commenters to submit 
electronically via www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Tina Williams, Director, Division of 
Policy and Program Development, Office of Federal Contract Compliance 
Programs, Room C-3325, 200 Constitution Avenue NW, Washington, DC 
20210. Telephone: (202) 693-0103 (voice) or (202) 693-1337 (TTY) (these 
are not toll-free numbers). Copies of this notice may be obtained in 
alternative formats (large print, braille, audio recording) upon 
request by calling the numbers listed above.

SUPPLEMENTARY INFORMATION:

I. Background

    Millions of Americans are employed by Federal contractors and 
subcontractors.\1\ These employers have certain obligations to their 
employees under a presidential directive known as Executive Order 
11246. That order requires Federal contractors not to discriminate in 
employment and to take affirmative action to ensure equal opportunity 
without regard to race, sex, and other protected characteristics. OFCCP 
ensures Federal contractors uphold their nondiscrimination and 
affirmative action obligations to their employees.
---------------------------------------------------------------------------

    \1\ For purposes of this request for information, ``contractor'' 
and ``subcontractor'' are used interchangeably.
---------------------------------------------------------------------------

    Relatedly, on September 22, 2020, President Donald J. Trump signed 
Executive Order 13950, titled Combating Race and Sex Stereotyping.\2\ 
Executive Order 13950 established that it is ``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 further stated 
that ``Federal contractors will not be permitted to inculcate such 
views in their employees'' through workplace training.\3\ The order 
notes that materials teaching that men and members of certain races are 
inherently sexist and racist have recently appeared in workplace 
diversity trainings across the country. Through this request for 
information, the Department invites the public to provide information 
or materials concerning any workplace trainings of Federal contractors 
that involve such stereotyping or scapegoating. Please note that 
training is not prohibited if it is designed to inform workers, or 
foster discussion, about pre-conceptions, opinions, or stereotypes that 
people--regardless of their race or sex--may have regarding people who 
are different, which could influence a worker's conduct or speech and 
be perceived by others as offensive.
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    \2\ 85 FR 60683.
    \3\ Id. at 60685. Trainings that teach race or sex stereotyping 
or race or sex scapegoating may also violate Executive Order 11246, 
which forbids Federal contractors and subcontractors from 
discriminating on the basis of race or sex in employment.
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    As used in this request for information, ``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.'' \4\ ``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,'' and 
includes claims ``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.'' \5\
---------------------------------------------------------------------------

    \4\ Id. at 60685.
    \5\ Id. at 60685.
---------------------------------------------------------------------------

    Executive Order 13950 clarifies that workplace trainings that 
promote the following concepts qualify as unlawful race or sex 
stereotyping or scapegoating:
    (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.
    Examples of impermissible scapegoating or stereotyping include 
training materials stating ``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.' '' 
\6\
---------------------------------------------------------------------------

    \6\ Id. at 60684.
---------------------------------------------------------------------------

    To gain a better understanding regarding potentially unlawful 
training materials that are being used by Federal contractors and 
subcontractors, President Trump instructed the Director of OFCCP to 
request information from these contractors and subcontractors and their 
employees regarding the trainings that have been provided.\7\ The 
President further directed that 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.'' \8\ This request 
for information is being published in response to the President's 
directives. A purpose of this request for information is to obtain 
information to formulate OFCCP programming and compliance assistance 
related to Executive Order 13950.
---------------------------------------------------------------------------

    \7\ Id. at 60686.
    \8\ Id.
---------------------------------------------------------------------------

II. Types of Comments, Information, and Materials Requested

    OFCCP requests comments, information, and materials from Federal

[[Page 67377]]

contractors, Federal subcontractors, and employees of Federal 
contractors and subcontractors concerning workplace trainings involving 
prohibited race or sex stereotyping or scapegoating.\9\
---------------------------------------------------------------------------

    \9\ Other stakeholders are invited to submit comments as well.
---------------------------------------------------------------------------

    You may provide various other types of materials, such as 
PowerPoints, photographs, videos, handwritten notes, or printed 
handouts. OFCCP welcomes all forms of media and data that have in 
recent years been used, or that may soon be used, in both voluntary and 
mandatory trainings, workshops, or similar programming.
    You do not need to provide a response for every category number. In 
submitting a response, you are encouraged (but not required) to note 
the specific sections of materials (such as page numbers or section 
headings) that you believe fit within a category number listed below.
    You should provide responses reasonably related to this request for 
information. Materials may be submitted anonymously. However, any 
materials submitted in response to this request for information may be 
subject to public disclosure, including any personal information 
provided. You should not provide information or materials prohibited by 
law from disclosure under a valid confidentiality agreement, 
information or materials that are trade secrets, information or 
materials that are copyrighted, or information or materials that 
contain individual medical information or personally identifiable 
information.
    OFCCP seeks information and materials concerning any or all of the 
following categories, if applicable:
    1. Workplace trainings that promote, or could be reasonably 
interpreted to promote, race or sex stereotyping.
    2. Workplace trainings that promote, or could be reasonably 
interpreted to promote, race or sex scapegoating.
    3. The duration of any workplace training identified in categories 
1 or 2.
    4. The frequency of any workplace training identified in categories 
1 or 2.
    5. The expense or costs associated with any workplace training 
identified in categories 1 or 2.
    OFCCP additionally requests input on any or all of the following 
questions, if applicable:
    6. Have there been complaints concerning this workplace training? 
Have you or other employees been disciplined for complaining or 
otherwise questioning this workplace training?
    7. Who develops your company's diversity training? Is it developed 
by individuals from your company, or an outside company?
    8. Is diversity training mandatory at your company? If only certain 
trainings are mandatory, which ones are mandatory and which ones are 
optional?
    9. Approximately what portion of your company's annual mandatory 
training relates to diversity?
    10. Approximately what portion of your company's annual optional 
training relates to diversity?

III. How to Confidentially Report Information Through OFCCP's New 
Hotline

    OFCCP has created an email and telephone hotline to report 
potentially non-compliant workplace training materials. Executive Order 
13950 directed the Department of Labor, through OFCCP, ``to establish a 
hotline and investigate complaints received under both [Executive Order 
13950] as well as Executive Order 11246 alleging that a Federal 
contractor is utilizing . . . training programs in violation of the 
contractor's obligations under those orders.'' \10\ Executive Order 
13950 further directed the Department of Labor to ``take appropriate 
enforcement action and provide remedial relief, as appropriate.'' \11\
---------------------------------------------------------------------------

    \10\ Id. at 60686.
    \11\ Id.
---------------------------------------------------------------------------

    Employees and other concerned members of the public are encouraged 
to report potentially unlawful training materials by calling (202) 343-
2008 or emailing [email protected]. To the fullest extent 
permissible by law, OFCCP will protect the confidentiality of those who 
submit information through the hotline.
    Unlike hotline communications, responses to this request for 
information may become a matter of public record and may be subject to 
public disclosure as described above. Employees and other concerned 
members of the public who wish to confidentially report potentially 
non-compliant information or materials should do so through the hotline 
information provided above.

IV. Voluntary Compliance for Employers

    Federal contractors and subcontractors questioning whether their 
workplace trainings, workshops, or similar programs are compliant with 
Executive Order 13950 or Executive Order 11246 are encouraged to 
voluntarily submit information and materials in response to this 
request for information. OFCCP will provide compliance assistance as 
requested to Federal contractors and subcontractors that voluntarily 
submit such information or materials.
    OFCCP will, consistent with law, exercise its enforcement 
discretion and not take enforcement action against Federal contractors 
and subcontractors that voluntarily submit information or materials in 
response to this request for information, as it relates to submitted 
information or materials and potential non-compliance with Executive 
Orders 13950 or 11246, provided that such contractor or subcontractor 
promptly comes into compliance with the Executive Orders as directed by 
OFCCP. If a Federal contractor or subcontractor who voluntarily submits 
information or materials in response to this request for information is 
determined by OFCCP to have non-compliant materials, and the contractor 
or subcontractor refuses to correct the issue after compliance 
assistance is provided, OFCCP may take enforcement action against the 
contractor or subcontractor if OFCCP later receives the contractor or 
subcontractor's materials through a separate source, such as a 
neutrally scheduled audit, in connection with a complaint, or if 
submitted by an employee in response to this RFI. OFCCP will keep 
information and materials submitted under this process confidential 
under Exemption 4 of the Freedom of Information Act to the maximum 
extent permitted by law, unless disclosure is necessary and appropriate 
in Federal Government-initiated proceedings.
    A Federal contractor or subcontractor may opt for the above-
described enforcement discretion only if the relevant information or 
materials are submitted to OFCCP by one of the contractor's or 
subcontractor's executives, owners, or legal representatives with 
actual authority to legally bind the contractor or subcontractor in 
agreements with the United States Government. Should a qualifying 
executive, owner, or legal representative of the contractor or 
subcontractor submit information or materials on behalf of the 
contractor or subcontractor as requested in this request for 
information, the fact that a worker employed by the contractor or 
subcontractor may have also submitted the same (or substantially the 
same) information or materials to OFCCP, or submitted a complaint based 
on such information or materials, will not disqualify the contractor or 
subcontractor from choosing the types of compliance assistance and 
enforcement discretion described herein. But as noted above, OFCCP 
reserves the right to take enforcement

[[Page 67378]]

action as to information or materials submitted by employees in 
response to this RFI if the contractor or subcontractor refuses to 
correct non-compliant materials after receiving compliance assistance.
    Regarding all other Federal contractors and subcontractors, there 
are no adverse legal consequences for choosing not to participate in 
this request for information. This request for information is strictly 
voluntary; it simply offers Federal contractors and subcontractors an 
opportunity in the exercise of OFCCP's enforcement discretion to come 
into compliance with their legal obligations to the extent they have 
concerns.

V. Conclusion

    Pursuant to Executive Order 13950, OFCCP invites Federal 
contractors, Federal subcontractors, and employees of Federal 
contractors and subcontractors to submit comments, information, and 
materials as described above. This request for information will enable 
OFCCP to better combat race and sex stereotyping and scapegoating 
within the contractor community.

Craig E. Leen,
Director, OFCCP.

[FR Doc. 2020-23339 Filed 10-21-20; 8:45 am]
BILLING CODE 4510-45-P

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