As promised, OFCCP has released a handful of Frequently Asked Questions (FAQs) addressing the President’s Executive Order Combating Race and Gender Stereotyping (Executive Order 13950).
While limited in nature, the FAQs confirm what OFCCP has been expressing regarding the executive order, including the fact that the Order does not outright prohibit unconscious bias training but instead, clarifies that the training is prohibited
. . . to the extent it teaches or implies that an individual, by virtue of his or her race, sex, and/or national origin, is racist, sexist, oppressive, or biased, whether consciously or unconsciously.
The FAQs specifies that
Training is not prohibited if it is designed to inform workers, or foster discussion, about pre-conceptions, opinions, or stereotypes that people—regardless of their race or sex—may have regarding people who are different, which could influence a worker’s conduct or speech and be perceived by others as offensive.
OFCCP again emphasizes that while the Executive Order does not become effective until after November 21, 2020 for the federal contractor notice and contract provisions,
OFCCP may investigate claims of sex and race stereotyping pursuant to its existing authority under Executive Order 11246.
As this is a currently developing story we will continue to update with new information and additional insights.