UPDATE: As of January 20, 2021, Executive Order 13950 has been rescinded by President Joe Biden.

On October 21, 2020, the Office of Federal Contract Compliance Programs announced that it would be publishing a request for information that OFCCP will seek training materials from federal contractors and subcontractors. This request for information was required by Executive Order 13950. The request for information was formally published in the Federal Register on October 22.

Types of Information Requested by OFCCP

The request for information asks federal contractors and subcontractors to voluntarily provide information on any of the following:

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.
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?

There is NO requirement for organizations to submit any information to OFCCP at this time. Federal contractors and subcontractors may voluntarily submit any of the information noted above. OFCCP will provide compliance assistance to organizations submitting information. If the agency determines that training materials submitted by a federal contractor or subcontractor do not comply with Executive Order 13950, the agency may ask that organization to come into compliance. Refusal to correct any issues identified by OFCCP may result in enforcement action during a compliance review of if a complaint is filed.

OFCCP Director Craig Leen Holds Stakeholder Phone Call

OFCCP Director Craig Leen held a stakeholder phone call on October 21 to discuss the reasons OFCCP will seek training materials on diversity and inclusion topics. During the call, Director Leen stated that the agency would be routinely examining training materials for compliance with both Executive Order 11246 and 13950. This would include a review of materials voluntarily submitted to the agency as well as training materials gathered during a compliance review. Director Leen stated that the agency will also be evaluating training materials requested because of a complaint to the hotline that OFCCP has established.

Executive Order 13950 continues to be a source of significant controversy. A variety of organizations throughout the nation have registered their concerns with the Executive Order and have asked for the Executive Order to be withdrawn. OFCCP has insisted that most training materials on diversity and inclusion will be found compliant with Executive Order 13950. However, the agency has not fully defined the scope of what training materials will be considered problematic or what specific actions it may take if training materials are considered non-compliant.

We will continue to monitor developments regarding Executive Order 13950. More information on the Executive Order can be found in the following blog posts:

• President Trump Issues Executive Order on Training
• OFCCP Hotline Opens In Response to Executive Order
• OFCCP Publishes FAQs Regarding Executive Order 13950

(This post was modified on October 22 to include a link to the document published in the Federal Register.)