“‘ 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.“‘ 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.”.The EO also defines “race or sex stereotyping” and “race or sex scapegoating.”.meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race.any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex or.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.an individual’s moral character is necessarily determined by his or her race or sex.members of one race or sex cannot and should not attempt to treat others without respect to race or sex.
an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex.an individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously.the United States is fundamentally racist or sexist.one race or sex is inherently superior to another race or sex.“ Divisive concepts” include the following list of concepts, as well as “any other form” of race or sex stereotyping or race or sex scapegoating (separately defined below):.Federal grant funds are also prohibited from being used to promote such concepts. Uniformed Services training and Federal agency or Government contractor workplace training.
The EO prohibits inclusion of “divisive concepts” in U.S. Prohibition on Teaching “Divisive Concepts” in Workplace Training The Memo suggests that agencies conduct keyword searches of training materials for specific terms, such as “intersectionality,” “systemic racism,” and “unconscious bias.” Although the Memo primarily explains the terms of the EO, it also provides additional insight concerning the breadth of agency trainings that may ultimately be considered to violate the terms of the EO, which are described below.Īlthough the EO is likely to be subject to legal challenge (as more fully discussed below), federal contractors, including subcontractors and vendors, could be subject to the compliance requirements outlined below as soon as November 21, 2020. The EO expands on a letter issued in early September by the Director of the Office of Management and Budget (“OMB”) that directed all agencies to begin to identify contracts or other agency spending on trainings that include “critical race theory,” “white privilege,” or “un-American propaganda,” in an effort to ensure “fair and equal treatment of all individuals in the United States.”įollowing the EO, on September 28, 2020, OMB issued a Memorandum for the Heads of Executive Departments and Agencies (the “Memo”) with additional guidance aimed at assisting agencies in identifying diversity and inclusion trainings for agency employees that may be subject to the EO. The EO is broadly applicable to executive departments and agencies, Uniformed Services, Federal contractors, and Federal grant recipients. On September 22, 2020, President Trump issued the Executive Order on Combating Race and Sex Stereotyping (“EO”) establishing requirements aimed at “promoting unity in the Federal workforce,” by prohibiting workplace training on “divisive concepts,” including “race or sex stereotyping” and “race or sex scapegoating” as newly-defined in the EO.
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