On January 20, 2021, President Biden issued Executive Order 13985, “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government.” The Executive Order states that “the Federal Government should pursue a comprehensive approach to advancing equity for all, including people of color and others who have been historically underserved, marginalized, and adversely affected by persistent poverty and inequality.” Section 10 of Executive Order 13985 revokes President Trump’s Executive Order 13950, which, among other things, prohibited federal contractors from providing workplace training on “divisive” concepts relating to race and sex stereotyping and scapegoating. The controversial Executive Order 13950 drew opposition from both employers and civil rights organizations, and was challenged by two lawsuits. One of the lawsuits gave rise to a nationwide preliminary injunction granted by a federal judge prohibiting enforcement of portions of the Executive Order. In addition to rescinding Executive Order 13950, President Biden’s Executive Order also establishes an Equitable Data Working Group whose mission is to gather data to measure and advance equity, and to support agencies “in implementing actions…that expand and refine the data available to the Federal Government to measure equity and capture the diversity of the American people.” Read the OFCCP’s full notice on Biden’s Executive Order 13985 here.
