Executive Order 13950: A Call to Continue Our Work on Diversity

On September 22, 2020, President Donald J. Trump issued Executive Order 13950, Combating Race and Sex Stereotyping. The basic premise of the Executive Order (EO) is one, we think, all can support: We need to continue to work on eliminating race and sex stereotyping. The EO also specifies that federal funds, through grants, contracts, and subcontracts, cannot be used to push agendas that promote race and sex stereotyping. Again, that’s something we can get behind.

…or at least we thought we could.

The more we sat with the content of EO 13950, the more we began to feel as though something wasn’t quite right. The language of the EO sounds like something worthy of support, and yet, at the same time, the language is driving a hidden agenda that, to us, seems dangerous.

So we read it again. And again. And then we found it.

The “end” of Racism in the United States…?

First, let us level set. If, in fact, the United States has perfected its culture and politics (and, really, every other facet of life in this country) to such a point that all individuals are truly treated equally despite their racial identity, then we should all celebrate and recognize what a momentous feat we have accomplished as a country.

However, there is no support from reputable sources indicating that the problem of racism in our country is anywhere near appropriately addressed, let alone solved. In June 2020, a Monmouth University poll found that 76% of respondents believed that “racial discrimination is a big problem in the United States.” Then in July of this year, 208 CEOs from across the country came together through the Business Roundtable to begin outlining a plan to address racial inequity and injustice in six civic areas: Health, Education, Housing, Finance, Employment, and the Justice System. On July 29, 2020, House Resolution 1069 was introduced in Congress, calling for the declaration of racism as a public health issue.

Yet despite this national recognition, the federal government under the Trump administration has somehow come to believe that racism no longer exists. The idea that “our government ‘was made on the white basis’ ‘by white men, for the benefit of white men’” is allegedly “discredited” and “was soundly defeated on the blood-stained battlefields of the Civil War.” To that, we say: please read Carol Anderson’s White Rage.

Don’t call anyone a racist

If trying to sell you on the end of racism in the United States doesn’t work, EO 13950 moves beyond an ideology and into a set of guidelines about how racism will be addressed through federal funds moving forward. Section 2 of the EO, Definitions, lays out a list of nine “divisive concepts” that are now to be prohibited in training sessions and workshops related to diversity. We won’t overwhelm you with the full list of concepts here (largely because we encourage you to read the actual Order in its entirety), but here is the summary: No one is a racist.

According to the EO, we can no longer challenge the idea that a “hard work ethic” still sets some up for failure since the avenues to success were created by individuals (read: White men) to keep others (read: anyone else, but specifically Black, Indigenous, and other people of color) from power and financial freedom. We cannot address institutionalized racism or inherent bias since the ideas that the United States is, “fundamentally racist” or that “an individual, by virtue of his or her race or sex, is inherently racist…whether consciously or unconsciously” are now considered to be anti-American.

What is amazing about the list of “divisive concepts” is that it takes aim at protecting anyone, including the overall infrastructure of the United States, from having any of their behavior identified as racist. In doing so, we are prohibiting the very discussions we need to be having in order to move our country forward towards becoming a truly equitable society.

We recognize that being called, “racist” makes people feel a certain way (especially if you are, in fact, being racist). But we also recognize that progress cannot be made if we are unable to openly address our oppressive ideas and behaviors.

In limiting how the government will allow for diversity training, EO13950 is essentially establishing a colorblind view of our country’s struggle with racism.

So, now what?

EO 13950 calls on the Department of Labor, through the Office of Federal Contract Compliance Programs, to do three things:

1. Create a hotline through which complaints can be filed against a Federal contractor suspected of using federal funds in violation of the EO (as well as Executive Order 11246);
2. Investigate all complaints made through the hotline; and
3. Publish a request for information (ROI) from Federal contractors which, among other things, requests “copies of any training, workshop, or similar programming having to do with diversity and inclusion as well as information about the duration, frequency, and expense of such activities.”

What is included in the ROI will be imperative for groups to know as they begin strategizing around their response to the EO. And though the United States House of Representatives introduced House Resolution 8595, To nullify the effect of Executive Order 13950 relating to combating race and sex stereotyping, on October 9, 2020, the EO is still in play; which means your strategizing needs to begin now.

We, at Atrómitos, do not claim to be experts in diversity and inclusion. However, we do firmly believe that not engaging in these important conversations and not doing the work to figure out how we all fit into dismantling the systemic racism of our country is equitable to complacency and does nothing to help us all be better. And it is in this spirit that we decided to take a public step out in front of EO 13950 and begin some discussions. One thing we are experts at is strategizing around a guideline or regulation, so we want to put that expertise to work.

EO 13950 lays out an administrative process that all recipients of federal dollars must go through to prove they are not espousing any of the “divisive concepts” outlined in the Order. It also lays out a path through which observers can report instances where they believe federal dollars are being used to do so. This has the potential to unnecessarily disrupt the important diversity work being done by Federal contractors. These added barriers may give some pause on how they can remain compliant while not reducing the impact of their work. We, at Atrómitos, help businesses grow, so we recognize that promoting activity in direct conflict to a federal executive order (regardless of how much weight it may hold in a court of law) may seem counterintuitive. But this is too important. So let’s get to work.