UPDATE: As of January 20, 2021, Executive Order 13950 has been rescinded by President Joe Biden.

OFCCP has published frequently asked questions (FAQs) regarding Executive Order 13950. This Executive Order, titled “Combating Race and Sex Stereotyping,” was released on September 22, 2020. The expressed purpose of this Executive Order is to prevent “race or sex stereotyping or scapegoating” in training offered by government agencies or federal contractors or subcontractors. However, the Executive Order left many questions regarding the scope and enforcement of the Executive Order, which we discussed in an earlier blog post.

The Office of Federal Contract Compliance Programs (OFCCP) has been instructed to enforce the parts of the Executive Order relevant to federal contractors and subcontractors. The agency has moved relatively quickly to implement some portions of the Executive Order. This includes launching a complaint hotline through which employees of federal contractors or subcontractors can submit complaints about diversity training that may violate the Executive Order.

Frequently Asked Questions Regarding Executive Order 13950

OFCCP published a Frequently Asked Questions (FAQs) page about the Executive Order on October 7, 2020. Among questions to which OFCCP posted answers are the following:

• When does Executive Order 13950 become effective?
• What constitutes “race or sex stereotyping” under Executive Order 13950?
• What constitutes “race or sex scapegoating” under Executive Order 13950?
• What are examples of race or sex stereotyping or scapegoating?
• Does Executive Order 13950 prohibit unconscious bias or implicit bias training?
• What will happen with complaints received by the hotline?

The FAQ page is likely to go through updates in coming week. We will continue to provide information about the implementation of Executive Order 13950 as we receive additional information.