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- OFCCP has rescinded the Frequently Asked Questions regarding Executive Order 13950.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.