

Government contractors face a myriad of rules and regulations they must follow. Compliance can be daunting.
Now contractors have another order to comply with: effective November 22, 2020, government contractors face restrictions on the content of the workplace training they provide to their employees.
Let’s take a closer look.
These latest rules come from a September 22, 2020 Executive Order, entitled Executive Order on Combating Race and Sex Stereotyping. Without wading into the politics of the Order, its focus is on neutralizing the content of training provided by federal contractors. Importantly, contractors that violate the Order face the potential for significant penalties—including termination of a contract and, possibly, suspension or debarment.
It’s crucial, therefore, that contractors familiarize themselves with the Order.
In general, the Order requires a federal contractor to agree that, during the performance of its contract, it will not “use any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating[.]” These terms are broadly defined: 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,” and 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.”
Examples of stereotyping or scapegoating include:
Subcontractors do not escape this prohibition: the contract must include the terms “so that such provisions will be binding upon each subcontractor or vendor.” Moreover, the Order indicates that a prime contractor can terminate a subcontractor for not complying.
Imposing requirements on federal contractors through Executive Orders is one of the most convenient way for the government to bring social change. I question, though, whether this Order will do more harm than good. Its prohibitions are broad and, at first blush, seem problematic under the First Amendment. But at a minimum, the Order imposes injects new considerations into difficult topics touching on race and gender discrimination.
Whatever misgivings one has about the new Order, federal contractors must be aware of its restrictions and comply with them. As noted, the new Order becomes effective November 22, 2020.
If you have any questions, please give me a call at (913) 354-2630, or email me at mschoonover@SchoonoverLawFirm.com.