Campus Guidelines – Compliance with EO 13950

Campus Guidelines for Workplace Diversity and Inclusion Training

Compliance with EO 13950

The Executive Order 13950 - Combating Race and Sex Stereotyping states that it is the policy of the United States “not to promote race or sex stereotyping or scapegoating” and prohibits federal contractors from inculcating such views in their employees in workplace diversity and inclusion trainings, workshops and similar programs. The Executive Order does not prohibit workplace training about non-discrimination, equal opportunity, or diversity and inclusion, and such training is recognized as valuable and appropriate. As a federal contractor, the University of Arkansas seeks to comply with the Executive Order.

This guidance is applicable to workplace training, workshops, and similar types of programming including, but not limited to, web-based training, forums and guest speakers invited to the campus in furnishing workplace training.  

To assist in complying with the Executive Order, department and administrative units should adhere to the following guidance in providing or obtaining workplace training.  

Content and Materials

Departments and administrative units should ensure that workplace training, workshops and similar types of programming do not include the following divisive concepts:

  • Race or sex stereotyping: 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.

 

  • Race or sex scapegoating: 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.

Divisive concepts identified under the Executive Order, and which are required to be omitted from training, also include:

  • one race or sex is inherently superior to another race or sex;
  • the United States is fundamentally racist or sexist;
  • an individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;
  • an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;
  • members of one race or sex cannot and should not attempt to treat others without respect to race or sex;
  • an individual’s moral character is necessarily determined by his or her race or sex;
  • 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;
  • any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or
  • meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race. 

Trainings, workshops, and programming may inform workers, or foster discussion, about pre-conceptions, opinions, or stereotypes that people – regardless of their race or sex – may have regarding those that are different.  Further, training may discuss matters from a historical or factual standpoint and should include:

  • Attribution of statements and quotes with a clear historical or academic reference
  • Additional context to address and ensure the accuracy of the content provided
  • Clarity about supplemental reading or programs that are optional, as opposed to mandatory training or professional development activities

Content and materials should avoid labels, examples, or imagery that may be construed as stereotyping or scapegoating.

Trainers and Facilitators

Trainers and facilitators should be familiar with the requirements of the Executive Order to help ensure that workplace training discussions, workshops, and programming are conducted in a manner that is consistent with the Executive Order.

Academic and Classroom Instruction:

The Executive Order does not prohibit discussing, as part of a larger course of academic instruction, the “divisive concepts” listed in the order in an objective manner and without endorsement.

Currently, federal guidance issued under the Executive Order does not address classroom instruction or programs created and offered solely for students.

For additional information regarding this guidance, or for assistance in reviewing training material, contact the Office of Equal Opportunity and Compliance or the Office of the General Counsel.

References:

Executive Order 13950 - Combating Race and Sex Stereotyping, Effective September 22, 2020: https://www.whitehouse.gov/presidential-actions/executive-order-combating-race-sex-stereotyping/

Department of Labor, Office of Federal Contract Compliance Programs EO 13950 FAQs: https://www.dol.gov/agencies/ofccp/faqs/executive-order-13950

Memorandum from UA General Counsel Dated October 1, 2020: Executive Order on Combating Race and Sex Stereotyping.