A few weeks ago, I blogged here about the White House changing federal diversity training. Eighty-six “critical race theory” and “white privilege” in any training for government workers. For that matter, all training on any propaganda effort that “teaches or suggests either (1) that the United States is an inherently racist or evil country or (2) that any race or ethnicity is inherently racist or evil,” would end.
On Tuesday, the White House signed an Executive Order expanding those training bans to government contractors too.
No more “race or sex stereotyping” or “race or sex scapegoating.”
As a condition of performing a government contract, an employer must agree not to use any workplace training that involves any form of “race or sex stereotyping” or any form of “race or sex scapegoating.”
“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.
“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. It similarly encompasses any claim that, consciously or unconsciously, and by virtue of his or her race or sex, members of any race are inherently racist or are inherently inclined to oppress others, or that members of a sex are inherently sexist or inclined to oppress others.
What else can’t you do?
The Executive Order lists several examples of stereotyping and scapegoating that are off-limits:
- one race or sex is inherently superior to another race or sex;
- an individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;
- an individual should be discriminated against or receive adverse treatment solely or partly because of 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’s moral character is necessarily determined by his or her race or sex;
- 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;
- any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or
- meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race.
Although the phrases “critical race theory” and “white privilege” do not appear anywhere in the new Executive Order, I think it’s safe to say that they are taboo training subjects for government contractors too. To be sure, the government will request copies of any training, workshop, or similar programming having to do with diversity and inclusion and information about the duration, frequency, and expense of such activities.
What happens if we mess up?
Any government contractor that violates these rules may have its contract canceled, terminated, or suspended in whole or in part, and the contractor may be declared ineligible for further Government contracts.
So, what should you do now?
If you currently or plan to contract with the government, make sure to vet your diversity trainers and their course curriculum.
(Heck, there will be an Office of Federal Contract Compliance Programs (OFCCP) hotline to allow your employees to complain if your DI training is not in compliance.)