On October 7, 2020, the US Department of Labor’s Workplace of Federal Agreement Compliance Programs (OFCCP) issued its initial Frequently Asked Question regarding President Trump’s Executive Order 13950, Exec Order on Combating Race and Sex Stereotyping (“Exec Order”). As reviewed in our recent blog site article, the Executive Order prohibits federal contractors from performing work environment training during the performance of a federal government contract that instills particular “divisive concepts” in staff members, and also calls for government professionals to enforce the same restriction on their subcontractors and vendors.
The guidance supplies some clarity to the Executive Order, which has actually been extensively defined as tough to understand as well as apply. We highlight some of the support’s key factors listed below.
The Executive Order restricts some-but not all-unconscious or implicit prejudice training
The FAQs state that unconscious or implied bias training is prohibited to the level it teaches or indicates that a specific, through his or her race, sex, and/or national origin, is racist, sexist, overbearing, or biased, whether knowingly or automatically.
Nonetheless, unconscious or implicit predisposition training is not prohibited if it is developed to inform employees, or foster conversation, concerning pre-conceptions, viewpoints, or stereotypes that individuals– no matter their race or sex– may have concerning individuals that are different, which could affect a worker’s conduct or speech and also be regarded by others as offensive.
A brand-new hotline for issues has actually been developed
Any individual or team (or third celebration representative) may file an issue by means of telephone or e-mail with the “new hotline” for reporting race and sex stereotyping as well as scapegoating. Problems that are gotten on the hotline under Executive Order 11246 (Equal Employment possibility) will be examined “promptly” following the company’s typical treatments. When Exec Order 13950 ends up being reliable in federal agreements, OFCCP will certainly begin applying it. Professionals that go against the Exec Order might have their contracts canceled, ended, or put on hold, in whole or partly, and also might be declared disqualified for added federal government contracts in conformity with the treatments licensed in Executive Order 11246.
The OFCCP can explore cases currently
The advice stresses that even though Exec Order 13950’s requirements will put on contracts participated in on or after November 21, 2020, the OFCCP may investigate claims of sex and race stereotyping according to its existing authority under Executive Order 11246 (Equal Employment Possibility), which calls for service providers and subcontractors to treat staff members without respect to their race or sex (to name a few protected bases) as well as requires specialists to take affirmative activity to make sure such discrimination does not happen.
The DOL’s RFI is “currently” being prepared
The Executive Order mandates that the DOL publish a Demand for Details (RFI) by October 22, 2020, looking for details from federal contractors, federal subcontractors, and their employees pertaining to training, workshops, or comparable shows provided to staff members that may remain in infraction of the Executive Order or Executive Order 11246. The support specifies the DOL is presently preparing the RFI to meet the October 22 due date. It stays to be seen how the RFI will certainly be carried out.
In our previous blog on the Executive Order, we offer the crucial factors to consider that government contractor employers ought to remember moving on. For help with your employment legislation needs, call your Baker McKenzie employment lawyer.
Published at Fri, 09 Oct 2020 19:19:51 +0000