• 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.

• A seminar that promoted arguments that “virtually all White people, regardless of how ‘woke’ they are, contribute to racism,” and encouraged employees to avoid “narratives” that Americans should “be more color-blind” or “let people’s skills and personalities be what differentiates them.”
• Training materials stating that racism “is interwoven into every fabric of America” and described statements like “color blindness” and the “meritocracy” as “actions of bias.”
• Materials for use by nonminority males stating 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 graphic claiming 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.” It also stated that “[f]acing your whiteness is hard and can result in feelings of guilt, sadness, confusion, defensiveness, or fear.”

1. The first clause bans any workplace training that inculcates in its employees any form of race or sex stereotyping or scapegoating by including “divisive concepts.”
2. The second clause requires notice to each labor union or representative of workers which will be provided by the contracting officer advising the union or representative of the contractor’s commitments under EO 13950. The contractor must also post the notice in conspicuous places available to employees and applicants.
3. The third clause provides penalties for noncompliance with clauses 1, 2, and 4 which can result in cancellation or suspension, in whole or in part of the contract, debarment, and any other sanctions authorized by regulations governing government contractors.
4. The fourth clause mandates inclusion of clauses 1-4 in each nonexempt subcontract or purchase order. This clause also authorizes the contractor to enforce the provisions of EO 13950 against a subcontractor and provides that in the event of litigation with the subcontractor, the contractor can request the United States to intervene.

1. Review any diversity and/or inclusion training materials currently being used by your organization to determine whether they are compliant with the EO. If they are, you need do nothing.
2. If the organization’s training materials are not compliant with the contractor’s obligations, determine the cost and time to come into compliance. If the organization is going to continue contracting with the federal government, it must come into compliance for any contracts entered into on or after November 22, 2020.
3. Since EO 13950 is not effective until November 22, 2020, to the extent your organization could renew any federal contracts before that time, the EO would not apply (at least for the next year) allowing your organization additional time to come into compliance.
4. Monitor OFCCP’s website to stay current on further developments regarding EO 13950, including the information request which is to be published in the Federal Register no later than October 22, 2020.
5. Although EO 13950 does not go into effect until November 22, 2020, contractors should still be mindful that OFCCP may investigate claims of sex and race stereotyping pursuant to its existing authority under Executive Order 11246, which requires contractors and subcontractors to treat employees without regard to their race or sex, among other protected bases, and requires contractors to take affirmative action to ensure such discrimination does not occur.