By the authority vested in me as President by the Constitution and
the laws of the United States of America, including the Federal Property
and Administrative Services Act, 40 U.S.C. 101 et seq., and in order to
promote economy and efficiency in Federal contracting, to promote unity
in the Federal workforce, and to combat offensive and anti-American
race and sex stereotyping and scapegoating, it is hereby ordered as
follows:
Section 1. Purpose. From the battlefield of Gettysburg to the bus
boycott in Montgomery and the Selma-to-Montgomery marches, heroic
Americans have valiantly risked their lives to ensure that their
children would grow up in a Nation living out its creed, expressed in
the Declaration of Independence: “We hold these truths to be
self-evident, that all men are created equal.” It was this belief in the
inherent equality of every individual that inspired the Founding
generation to risk their lives, their fortunes, and their sacred honor
to establish a new Nation, unique among the countries of the world.
President Abraham Lincoln understood that this belief is “the electric
cord” that “links the hearts of patriotic and liberty-loving” people, no
matter their race or country of origin. It is the belief that inspired
the heroic black soldiers of the 54th Massachusetts Infantry Regiment to
defend that same Union at great cost in the Civil War. And it is what
inspired Dr. Martin Luther King, Jr., to dream that his children would
one day “not be judged by the color of their skin but by the content of
their character.”
Thanks to the courage and sacrifice of our forebears, America has
made significant progress toward realization of our national creed,
particularly in the 57 years since Dr. King shared his dream with the
country.
Today, however, many people are pushing a different vision of America
that is grounded in hierarchies based on collective social and
political identities rather than in the inherent and equal dignity of
every person as an individual. This ideology is rooted in the pernicious
and false belief that America is an irredeemably racist and sexist
country; that some people, simply on account of their race or sex, are
oppressors; and that racial and sexual identities are more important
than our common status as human beings and Americans.
This destructive ideology is grounded in misrepresentations of our
country’s history and its role in the world. Although presented as new
and revolutionary, they resurrect the discredited notions of the
nineteenth century’s apologists for slavery who, like President
Lincoln’s rival Stephen A. Douglas, maintained that our government “was
made on the white basis” “by white men, for the benefit of white men.”
Our Founding documents rejected these racialized views of America, which
were soundly defeated on the blood-stained battlefields of the Civil
War. Yet they are now being repackaged and sold as cutting-edge
insights. They are designed to divide us and to prevent us from uniting
as one people in pursuit of one common destiny for our great country.
Unfortunately, this malign ideology is now migrating from the fringes
of American society and threatens to infect core institutions of our
country. Instructors and materials teaching that men and members of
certain races, as well as our most venerable institutions, are
inherently sexist and racist are appearing in workplace diversity
trainings across the country, even in components of the Federal
Government and among Federal contractors. For example, the Department of
the Treasury recently held a seminar that promoted arguments that
“virtually all White people, regardless of how ‘woke’ they are,
contribute to racism,” and that instructed small group leaders to
encourage employees to avoid “narratives” that Americans should “be more
color-blind” or “let people’s skills and personalities be what
differentiates them.”
Training materials from Argonne National Laboratories, a Federal
entity, stated that racism “is interwoven into every fabric of America”
and described statements like “color blindness” and the “meritocracy” as
“actions of bias.”
Materials from Sandia National Laboratories, also a Federal entity,
for non-minority males stated that an emphasis on “rationality over
emotionality” was a characteristic of “white male[s],” and asked those
present to “acknowledge” their “privilege” to each other.
A Smithsonian Institution museum graphic recently claimed that
concepts like “[o]bjective, rational linear thinking,” “[h]ard work”
being “the key to success,” the “nuclear family,” and belief in a single
god are not values that unite Americans of all races but are instead
“aspects and assumptions of whiteness.” The museum also stated that
“[f]acing your whiteness is hard and can result in feelings of guilt,
sadness, confusion, defensiveness, or fear.”
All of this is contrary to the fundamental premises underpinning our
Republic: that all individuals are created equal and should be allowed
an equal opportunity under the law to pursue happiness and prosper based
on individual merit.
Executive departments and agencies (agencies), our Uniformed
Services, Federal contractors, and Federal grant recipients should, of
course, continue to foster environments devoid of hostility grounded in
race, sex, and other federally protected characteristics. Training
employees to create an inclusive workplace is appropriate and
beneficial. The Federal Government is, and must always be, committed to
the fair and equal treatment of all individuals before the law.
But training like that discussed above perpetuates racial stereotypes
and division and can use subtle coercive pressure to ensure conformity
of viewpoint. Such ideas may be fashionable in the academy, but they
have no place in programs and activities supported by Federal taxpayer
dollars. Research also suggests that blame-focused diversity training
reinforces biases and decreases opportunities for minorities.
Our Federal civil service system is based on merit principles. These
principles, codified at 5 U.S.C. 2301, call for all employees to
“receive fair and equitable treatment in all aspects of personnel
management without regard to” race or sex “and with proper regard for
their . . . constitutional rights.” Instructing Federal employees that
treating individuals on the basis of individual merit is racist or
sexist directly undermines our Merit System Principles and impairs the
efficiency of the Federal service. Similarly, our Uniformed Services
should not teach our heroic men and women in uniform the lie that the
country for which they are willing to die is fundamentally racist. Such
teachings could directly threaten the cohesion and effectiveness of our
Uniformed Services.
Such activities also promote division and inefficiency when carried
out by Federal contractors. The Federal Government has long prohibited
Federal contractors from engaging in race or sex discrimination and
required contractors to take affirmative action to ensure that such
discrimination does not occur. The participation of contractors’
employees in training that promotes race or sex stereotyping or
scapegoating similarly undermines efficiency in Federal contracting.
Such requirements promote divisiveness in the workplace and distract
from the pursuit of excellence and collaborative achievements in public
administration.
Therefore, it shall be the policy of the United States not to promote
race or sex stereotyping or scapegoating in the Federal workforce or in
the Uniformed Services, and not to allow grant funds to be used for
these purposes. In addition, Federal contractors will not be permitted
to inculcate such views in their employees.
Sec. 2. Definitions. For the purposes of this order, the phrase:
(a) “Divisive concepts” means the concepts that (1) one race or sex
is inherently superior to another race or sex; (2) the United States is
fundamentally racist or sexist; (3) an individual, by virtue of his or
her race or sex, is inherently racist, sexist, or oppressive, whether
consciously or unconsciously; (4) an individual should be discriminated
against or receive adverse treatment solely or partly because of his or
her race or sex; (5) members of one race or sex cannot and should not
attempt to treat others without respect to race or sex; (6) an
individual’s moral character is necessarily determined by his or her
race or sex; (7) 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; (8) any individual should feel discomfort,
guilt, anguish, or any other form of psychological distress on account
of his or her race or sex; or (9) meritocracy or traits such as a hard
work ethic are racist or sexist, or were created by a particular race to
oppress another race. The term “divisive concepts” also includes any
other form of race or sex stereotyping or any other form of race or sex
scapegoating.
(b) “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.
(c) “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.
(d) “Senior political appointee” means an individual appointed by the
President, or a non-career member of the Senior Executive Service (or
agency-equivalent system).
Sec. 3. Requirements for the United States Uniformed Services. The
United States Uniformed Services, including the United States Armed
Forces, shall not teach, instruct, or train any member of the United
States Uniformed Services, whether serving on active duty, serving on
reserve duty, attending a military service academy, or attending courses
conducted by a military department pursuant to a Reserve Officer Corps
Training program, to believe any of the divisive concepts set forth in
section 2(a) of this order. No member of the United States Uniformed
Services shall face any penalty or discrimination on account of his or
her refusal to support, believe, endorse, embrace, confess, act upon, or
otherwise assent to these concepts.
Sec. 4. Requirements for Government Contractors. (a) Except in
contracts exempted in the manner provided by section 204 of Executive
Order 11246 of September 24, 1965 (Equal Employment Opportunity), as
amended, all Government contracting agencies shall include in every
Government contract hereafter entered into the following provisions:
“During the performance of this contract, the contractor agrees as follows:
1. The contractor shall 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, including the concepts that (a) one
race or sex is inherently superior to another race or sex; (b) an
individual, by virtue of his or her race or sex, is inherently racist,
sexist, or oppressive, whether consciously or unconsciously; (c) an
individual should be discriminated against or receive adverse treatment
solely or partly because of his or her race or sex; (d) members of one
race or sex cannot and should not attempt to treat others without
respect to race or sex; (e) an individual’s moral character is
necessarily determined by his or her race or sex; (f) 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; (g) any
individual should feel discomfort, guilt, anguish, or any other form of
psychological distress on account of his or her race or sex; or (h)
meritocracy or traits such as a hard work ethic are racist or sexist, or
were created by a particular race to oppress another race. The term
“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 the term
“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.
2. The contractor will send to each labor union or representative of
workers with which he has a collective bargaining agreement or other
contract or understanding, a notice, to be provided by the agency
contracting officer, advising the labor union or workers’ representative
of the contractor’s commitments under the Executive Order of September
22, 2020, entitled Combating Race and Sex Stereotyping, and shall post
copies of the notice in conspicuous places available to employees and
applicants for employment.
3. In the event of the contractor’s noncompliance with the
requirements of paragraphs (1), (2), and (4), or with any rules,
regulations, or orders that may be promulgated in accordance with the
Executive Order of September 22, 2020, this contract may be canceled,
terminated, or suspended in whole or in part and the contractor may be
declared ineligible for further Government contracts in accordance with
procedures authorized in Executive Order 11246, and such other sanctions
may be imposed and remedies invoked as provided by any rules,
regulations, or orders the Secretary of Labor has issued or adopted
pursuant to Executive Order 11246, including subpart D of that order.
4. The contractor will include the provisions of paragraphs (1)
through (4) in every subcontract or purchase order unless exempted by
rules, regulations, or orders of the Secretary of Labor, so that such
provisions will be binding upon each subcontractor or vendor. The
contractor will take such action with respect to any subcontract or
purchase order as may be directed by the Secretary of Labor as a means
of enforcing such provisions including sanctions for noncompliance:
Provided, however, that in the event the contractor becomes involved in,
or is threatened with, litigation with a subcontractor or vendor as a
result of such direction, the contractor may request the United States
to enter into such litigation to protect the interests of the United
States.”
(b) The Department of Labor is directed, through the Office of
Federal Contract Compliance Programs (OFCCP), to establish a hotline and
investigate complaints received under both this order as well as
Executive Order 11246 alleging that a Federal contractor is utilizing
such training programs in violation of the contractor’s obligations
under those orders. The Department shall take appropriate enforcement
action and provide remedial relief, as appropriate.
(c) Within 30 days of the date of this order, the Director of OFCCP
shall publish in the Federal Register a request for information seeking
information from Federal contractors, Federal subcontractors, and
employees of Federal contractors and subcontractors regarding the
training, workshops, or similar programming provided to employees. The
request for information should request copies of any training, workshop,
or similar programing having to do with diversity and inclusion as well
as information about the duration, frequency, and expense of such
activities.
Sec. 5. Requirements for Federal Grants. The heads of all agencies
shall review their respective grant programs and identify programs for
which the agency may, as a condition of receiving such a grant, require
the recipient to certify that it will not use Federal funds to promote
the concepts that (a) one race or sex is inherently superior to another
race or sex; (b) an individual, by virtue of his or her race or sex, is
inherently racist, sexist, or oppressive, whether consciously or
unconsciously; (c) an individual should be discriminated against or
receive adverse treatment solely or partly because of his or her race or
sex; (d) members of one race or sex cannot and should not attempt to
treat others without respect to race or sex; (e) an individual’s moral
character is necessarily determined by his or her race or sex; (f) 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; (g) any individual should feel discomfort, guilt, anguish, or any
other form of psychological distress on account of his or her race or
sex; or (h) meritocracy or traits such as a hard work ethic are racist
or sexist, or were created by a particular race to oppress another race.
Within 60 days of the date of this order, the heads of agencies shall
each submit a report to the Director of the Office of Management and
Budget (OMB) that lists all grant programs so identified.
Sec. 6. Requirements for Agencies. (a) The fair and equal treatment
of individuals is an inviolable principle that must be maintained in the
Federal workplace. Agencies should continue all training that will
foster a workplace that is respectful of all employees. Accordingly:
(i) The head of each agency shall use his or her authority under 5
U.S.C. 301, 302, and 4103 to ensure that the agency, agency employees
while on duty status, and any contractors hired by the agency to provide
training, workshops, forums, or similar programming (for purposes of
this section, “training”) to agency employees do not teach, advocate,
act upon, or promote in any training to agency employees any of the
divisive concepts listed in section 2(a) of this order. Agencies may
consult with the Office of Personnel Management (OPM), pursuant to 5
U.S.C. 4116, in carrying out this provision; and
(ii) Agency diversity and inclusion efforts shall, first and foremost,
encourage agency employees not to judge each other by their color, race,
ethnicity, sex, or any other characteristic protected by Federal law.
(b) The Director of OPM shall propose regulations providing that
agency officials with supervisory authority over a supervisor or an
employee with responsibility for promoting diversity and inclusion, if
such supervisor or employee either authorizes or approves training that
promotes the divisive concepts set forth in section 2(a) of this order,
shall take appropriate steps to pursue a performance-based adverse
action proceeding against such supervisor or employee under chapter 43
or 75 of title 5, United States Code.
(c) Each agency head shall:
(i) issue an order incorporating the requirements of this order into
agency operations, including by making compliance with this order a
provision in all agency contracts for diversity training;
(ii) request that the agency inspector general thoroughly review and
assess by the end of the calendar year, and not less than annually
thereafter, agency compliance with the requirements of this order in the
form of a report submitted to OMB; and
(iii) assign at least one senior political appointee responsibility for ensuring compliance with the requirements of this order.
Sec. 7. OMB and OPM Review of Agency Training. (a) Consistent with
OPM’s authority under 5 U.S.C. 4115-4118, all training programs for
agency employees relating to diversity or inclusion shall, before being
used, be reviewed by OPM for compliance with the requirements of section
6 of this order.
(b) If a contractor provides a training for agency employees relating
to diversity or inclusion that teaches, advocates, or promotes the
divisive concepts set forth in section 2(a) of this order, and such
action is in violation of the applicable contract, the agency that
contracted for such training shall evaluate whether to pursue debarment
of that contractor, consistent with applicable law and regulations, and
in consultation with the Interagency Suspension and Debarment Committee.
(c) Within 90 days of the date of this order, each agency shall
report to OMB all spending in Fiscal Year 2020 on Federal employee
training programs relating to diversity or inclusion, whether conducted
internally or by contractors. Such report shall, in addition to
providing aggregate totals, delineate awards to each individual
contractor.
(d) The Directors of OMB and OPM may jointly issue guidance and
directives pertaining to agency obligations under, and ensuring
compliance with, this order.
Sec. 8. Title VII Guidance. The Attorney General should continue to
assess the extent to which workplace training that teaches the divisive
concepts set forth in section 2(a) of this order may contribute to a
hostile work environment and give rise to potential liability under
Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. If
appropriate, the Attorney General and the Equal Employment Opportunity
Commission shall issue publicly available guidance to assist employers
in better promoting diversity and inclusive workplaces consistent with
Title VII.
Sec. 9. Effective Date. This order is effective immediately, except
that the requirements of section 4 of this order shall apply to
contracts entered into 60 days after the date of this order.
Sec. 10. General Provisions. (a) This order does not prevent
agencies, the United States Uniformed Services, or contractors from
promoting racial, cultural, or ethnic diversity or inclusiveness,
provided such efforts are consistent with the requirements of this
order.
(b) Nothing in this order shall be construed to prohibit discussing,
as part of a larger course of academic instruction, the divisive
concepts listed in section 2(a) of this order in an objective manner and
without endorsement.
(c) If any provision of this order, or the application of any
provision to any person or circumstance, is held to be invalid, the
remainder of this order and the application of its provisions to any
other persons or circumstances shall not be affected thereby.
(d) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and
Budget relating to budgetary, administrative, or legislative proposals.
(e) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(f) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP
THE WHITE HOUSE,
September 22, 2020.
