As we reported on September 22, 2020, President Trump issued a brand new Govt Order on Combating Race and Intercourse Stereotyping (the “Order”) relevant to federal contractors and subcontractors. That order particularly prohibited the promotion of “divisiveness” within the office, which incorporates schooling or coaching in or on “divisive ideas.”
As we reported then, many employers topic to the order questioned the way it might have an effect on their fairness, variety and inclusion coaching, particularly because it pertains to discussions round unconscious bias and implicit bias. On Wednesday, October 7, 2020, the Division of Labor, Workplace of Federal Contract Compliance Applications (OFCCP) (the Company charged with imposing the rules relevant to federal contractors and subcontractors) issued steerage on this very level within the type of Steadily Requested Questions (FAQs).
The relevant FAQ offered the next:
Does Govt Order 13950 prohibit unconscious bias or implicit bias coaching?
Unconscious or implicit bias coaching is prohibited to the extent it teaches or implies that a person, by advantage of his or her race, intercourse, and/or nationwide origin, is racist, sexist, oppressive, or biased, whether or not consciously or unconsciously.
Coaching isn’t prohibited whether it is designed to tell employees, or foster dialogue, about preconceptions, opinions, or stereotypes that folks—no matter their race or intercourse—might have relating to people who find themselves completely different, which might affect a employee’s conduct or speech and be perceived by others as offensive.
This could enable contractors to breathe a bit of sigh of reduction, as most view coaching on unconscious bias and implicit bias as a greatest apply for enhancing office equality, variety and inclusion. Of extra curiosity to many contractors was that side of the Order that requires the OFCCP to gather varied information on contractor coaching packages and data. In response to the FAQ, the OFCCP is presently “drafting the Request for Data to satisfy the October 22, 2020, deadline set by Govt Order 13950. The Request for Data will search data from federal contractors, federal subcontractors, and workers of federal contractors and subcontractors relating to their coaching, workshops, or comparable programming offered to workers that could be in violation of Govt Orders 11246 or 13950.” Keep tuned for an replace on the RFI and the timing for responses.