UPDATE: As of January 20, 2021, Executive Order 13950 has been rescinded by President Joe Biden.

OFCCP has opened a hotline where employees of federal contractors and subcontractors can register concerns about race and sex discrimination training offered by employers. This hotline is referenced in a news release from the Department of Labor published on September 28, 2020. The hotline is part of the implementation of Executive Order 13590, “Combating Race and Sex Stereotyping.” You can read more about the Executive Order in our earlier blog post.

Executive Order 13590 Requires OFCCP to Establish Hotline

The section of the Executive Order regarding the hotline reads as follows:

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.

Executive Order 13590, section 4(b)

Executive Order 13590 prevents federal contractors and subcontractors from providing training on a variety of subjects relating to diversity and inclusion. Training is prohibited when it involves “divisive concepts” or “race or sex stereotyping” as defined in the Executive Order.

OFCCP Set to Accept Complaints

The news release regarding the hotline provides both an e-mail address and a phone number that individuals may use to contact OFCCP with their concerns. The e-mail address can also be accessed from the home page of the OFCCP website. In the news release, OFCCP indicates that it will send anyone who contacts the agency a copy of its current complaint form. (As of September 30, 2020, that complaint form does NOT have a provision specifically dedicated to complaints under Executive Order 13590.)

It is not clear what actions OFCCP can or will take when the agency receives a compliant under Executive Order 13590. No specific procedure has been established in the Executive Order for evaluating or resolving complaints relating to Executive Order 13590. Instead, the Executive Order says that OFCCP “shall take appropriate enforcement action and provide remedial relief, as appropriate.”

Future Actions Relating to Executive Order 13590

Other provisions of the Executive Order, including a requirement for federal contractors and subcontractors to provide training materials to OFCCP on all trainings related to diversity and inclusion, have not yet been implemented. The Executive Order requires OFCCP to publish a request for information in this regard. This request for information will need to be approved by the Office of Management and Budget before it becomes effective.

We will continue to monitor the situation with Executive Order 13590 and will provide more information as it is available.