ExecutiveOrdersEO
EO 13950Executive OrderTrump 45 · R

Executive Order 13950

Combating Race and Sex Stereotyping

This executive order prohibits federal agencies, uniformed services, contractors, and grant recipients from conducting or funding workplace training that promotes certain "divisive concepts" related to race and sex stereotyping, including the ideas that the U.S. is fundamentally racist or sexist, that individuals are inherently oppressive based on race or sex, or that meritocracy is racist. It mandates contract clauses, establishes a hotline for complaints, requires agency reviews and reporting, and imposes potential debarment and adverse personnel actions for noncompliance.

Federal Register Open PDF 85 FR 60683

Impact dates

  1. First agency IG compliance review due

  2. Agencies report FY2020 diversity training spending to OMB

  3. Contract requirements apply to new government contracts

  4. Agency heads submit grant program reports to OMB

  5. OFCCP publishes Federal Register request for information on contractor training

Key directives

  • Uniformed Services prohibited from teaching 'divisive concepts' to any member
  • All government contracts must include anti-stereotyping clauses (effective 60 days post-signing)
  • OFCCP to establish hotline and investigate complaints
  • OFCCP to publish Federal Register request for information within 30 days
  • Agency heads to identify grant programs requiring certification within 60 days
  • Agency heads to issue compliance orders and assign senior political appointee
  • Agency IGs to review compliance by end of calendar year and annually thereafter
  • OPM to review all diversity/inclusion training before use
  • Agencies to report FY2020 diversity training spending within 90 days
  • Attorney General to assess Title VII liability implications
  • Agencies to evaluate contractor debarment for noncompliant training

Who is ordered

Timeline

Immediate

  • EO effective immediately
  • prohibition on teaching 'divisive concepts' in uniformed services
  • agency heads must assign senior political appointee for compliance

Near term (90d)

  • contract requirements apply to contracts entered into 60 days after signing (November 21, 2020)
  • OFCCP must publish Federal Register request for information within 30 days (October 22, 2020)
  • agency heads must submit grant program reports to OMB within 60 days (November 21, 2020)
  • agencies must report FY2020 diversity training spending to OMB within 90 days (December 21, 2020)

Long term

  • annual IG reviews of agency compliance beginning end of calendar year 2020
  • ongoing OPM pre-approval of all diversity/inclusion training
  • potential OPM regulations on adverse actions for supervisors approving noncompliant training

Risks & tensions

  • Vague scope: 'divisive concepts' definition is broad and could chill legitimate diversity training; 'similar programming' and 'promote' lack clear boundaries
  • First Amendment concerns: compelled speech restrictions on contractors and grant recipients may face constitutional challenge
  • Enforcement mechanism creates adversarial dynamic: hotline invites complaints that could be weaponized
  • OPM pre-approval requirement (Sec. 7(a)) may create bottleneck and suppress training availability
  • Performance-based adverse actions against diversity staff (Sec. 6(b)) could deter personnel from roles
  • Conflict with existing EEO/affirmative action obligations under Executive Order 11246
  • Potential tension with academic freedom in military educational institutions despite Sec. 10(b) carve-out for 'objective' discussion
Executive Order 13950: Combating Race and Sex Stereotyping · Executive Orders