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OFCCP Seeks Input on Trump's EO Banning "Divisive Concepts"

Posted Tuesday, October 27, 2020 3:03 pm

Following President Trump's controversial Executive Order 13950 on Combating Race and Sex Stereotyping, which prohibits federal contractors from including certain "divisive concepts" in their employee training, the Office of Federal Contract Compliance Programs (“OFCCP”) issued a Request for Information ("RFI"), which:

  • Seeks comments as well as copies of diversity and inclusion trainings or similar programing;
  • Indicates that OFCCP will provide compliance assistance to companies that submit materials, but notes such materials may become a matter of public record; and
  • States that if a contractor who submits information in response to this RFI is determined to have non-compliant materials, and the contractor refuses to correct the issue after compliance assistance is provided, OFCCP may take enforcement action against the contractor if OFCCP later receives the materials through a separate source, such as a neutrally scheduled audit, in connection with a complaint, or if submitted by an employee in response to this RFI.

OFCCP also launched an EO 13950 landing page with links to more information.

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