As predicted, just hours after taking office, President Biden revoked the controversial Combatting Race and Sex Stereotyping Executive Order (the “Order”) issued by his predecessor in September.  As previously reported, the Order, among other things, required new contracts entered into with the federal government to include a clause prohibiting federal contractors from including certain concepts in diversity and awareness trainings.  The Order included a variety of penalties and sanctions for non-compliance, including debarment.

The Order was controversial from the start.  Many viewed it as an effort to impede unconscious bias and societal privilege trainings that had become more prevalent in the wake of the country’s renewed focus on racial justice and equality.  Lawsuits were filed to stop its enforcement, eventually resulting in one court issuing a preliminary injunction enjoining its enforcement in December.

In a statement issued prior to his inauguration, President Biden called the Order “damaging” and promised that in addition to revoking the Order, he would take “[a]dditional actions in the coming weeks will restore and reinvigorate the federal government’s commitment to diversity, equity, inclusion, and accessibility.”

The new President is already making his mark in ways that directly affect the federal government contractor community, and more changes are clearly in store.  For some predictions of what additional actions may be forthcoming, check out my presentation with Dr. Rick Holt of Resolution Economics from earlier this month recapping major OFCCP developments from 2020 and what we believe may be in store for 2021, available here.

And, as always, you can continue to rely on us to report on consequential developments impacting the federal government contractor community.  Stay tuned for an eventful 2021.

 

 

 

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Photo of Guy Brenner Guy Brenner

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member…

Guy Brenner is a partner in the Labor & Employment Law Department and leads the Firm’s Washington, D.C. Labor & Employment practice. He is head of the Government Contractor Compliance Group, co-head of the Counseling, Training & Pay Equity Group and a member of the Restrictive Covenants, Trade Secrets & Unfair Competition Group. He has extensive experience representing employers in both single-plaintiff and class action matters, as well as in arbitration proceedings. He also regularly assists federal government contractors with the many special employment-related compliance challenges they face.

Guy represents employers in all aspects of employment and labor litigation and counseling, with an emphasis on non-compete and trade secrets issues, medical and disability leave matters, employee/independent contractor classification issues, and the investigation and litigation of whistleblower claims. He assists employers in negotiating and drafting executive agreements and employee mobility agreements, including non-competition, non-solicit and non-disclosure agreements, and also conducts and supervises internal investigations. He also regularly advises clients on pay equity matters, including privileged pay equity analyses.

Guy advises federal government contractors and subcontractors all aspects of Office of Federal Contract Compliance Programs (OFCCP) regulations and requirements, including preparing affirmative action plans, responding to desk audits, and managing on-site audits.

Guy is a former clerk to Judge Colleen Kollar-Kotelly of the US District Court of the District of Columbia.