President
Biden Revokes Executive Order 13950
On January 20, 2021, President Biden issued Executive Order
13985, “Advancing Racial Equity and Support for Underserved
Communities Through the Federal Government.” This new Executive Order affirmed
that “[e]qual opportunity is the bedrock of American democracy and our
diversity in one of our country’s greatest strengths.”
As part of the order, President Biden revoked Executive Order
13950, “Combating Race and Sex Stereotyping,” which, among other things,
prohibited federal contractors and subcontractors from providing thorough
workplace diversity training and programs.
President Biden’s Executive Order
13985 follows the December 22, 2020, issuance of a nationwide preliminary
injunction by the United States District Court for the Northern
District of California prohibiting OFCCP from implementing, enforcing, or
effectuating Section 4 of Executive Order 13950 “in any manner against any
recipient of federal funding by way of contract [or] subcontract.” After the
injunction, OFCCP issued a detailed notice
regarding OFCCP’s compliance with this court order.
Consistent with Executive Order
13985, OFCCP is now taking the following additional actions:
- OFCCP has rescinded the Frequently Asked Questions
regarding Executive Order 13950.
- OFCCP will completely shut down the phone hotline and
email address established to accept complaints under Executive Order
13950.
- OFCCP will administratively close all complaints
regarding alleged noncompliance with Executive Order 13950 received
through the hotline or any other means.
- As it has done since the entry of the nationwide
preliminary injunction, OFCCP will not enforce any of the provisions
required by Section 4(a) of Executive Order 13950 contained in government
contracts or subcontracts to the extent those provisions have already been
included.
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