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AGC Seeks Withdrawal of Executive Order on D&I Training and Provides Guidance for Members

October 22, 2020

AGC Calls for Withdrawal and Provides Guidance for Members

As previously reported, AGC and many other members of the business community, including the American Council of Engineering Companies, the American Institute of Architects and the U.S. Chamber of Commerce have called on President Trump to rescind Executive Order 13950 on “Combating Race and Sex Stereotyping.”  The EO has already caused much confusion and uncertainty. AGC remains concerned that it could cause much more.  AGC also fears that it could fuel federal investigations of government contractors for simply trying to promote diversity and combating discrimination in the workplace. 

AGC engaged one of Washington’s leading law firms to take a hard look at the EO and is pleased to share that firm’s analysis of the order with the many AGC members struggling to determine whether and, if so, how they have to adjust their training programs.

President Trump issued the EO on September 22.  In it, he declared that the policy of the United States is “not to promote race or sex stereotyping or scapegoating,” and he prohibited diversity and inclusion training that seeks to “inculcate[]” employees with “divisive concepts.” More recently, the Office of Federal Contract Compliance Programs (OFCCP) issued a set of frequently asked questions on the EO and created an EO landing page that includes information on a new Complaint Hotline.

OFCCP also published a Request for Information (RFI)  from federal contractors, federal subcontractors, and employees of federal contractors and subcontractors regarding the training, workshops, or similar programming provided to employees. The RFI requests that such contractors and their employees provide copies of any training, workshop, or similar programming on diversity and inclusion, and information about the duration, frequency, and expense of such activities.  Companies and employees do not, however, have to respond.  The RFI is not mandatory.

For more information, contact Claiborne Guy at claiborne.guy@agc.org or 703-837-5382.

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