The President
The White House
Washington, DC 20500
Dear Mr. President:
We write to convey our concerns regarding Executive Order 13950, Combating Race and Sex Stereotyping. Many of our members are federal contractors and subcontractors that will be covered by this E.O. As currently written, we believe the E.O. will create confusion and uncertainty, lead to non-meritorious investigations, and hinder the ability of employers to implement critical programs to promote diversity and combat discrimination in the workplace. We urge you to withdraw the Executive Order and work with the business and nonprofit communities on an approach that would support appropriate workplace training programs.
While it is encouraging that the E.O. states that, “Training employees to create an inclusive workplace is appropriate and beneficial,” we fear that the E.O. will diminish the amount of training that takes place. The E.O. seeks to identify specific concepts that would be prohibited, but the description of these concepts leaves considerable ambiguity as to what content would not be permitted in diversity and inclusiveness (D&I) training. Furthermore, there is a great deal of subjectivity around how certain content would be perceived by different individuals. For example, the definition of “divisive concepts” creates many gray areas and will likely result in multiple different interpretations. Because the ultimate threat of debarment is a possible consequence, we have heard from some companies that they are suspending all D&I training. This outcome is contrary to the E.O.’s stated purpose, but an understandable reaction given companies’ lack of clear guidance. Thus, the E.O. is already having a broadly chilling effect on legitimate and valuable D&I training companies use to foster inclusive workplaces, help with talent recruitment, and remain competitive in a country with a wide range of different cultures.
Under the E.O., OFCCP has established a hotline to receive complaints from employees who believe they have been subjected to proscribed training. Employers are concerned that this will invite non-meritorious complaints from employees who may be disgruntled about a range of different matters. Also, because of the ambiguity and subjective nature of the key terms that define what training materials are not allowed, whether the training material in question is compliant could very well depend on the outlook of the person filing the complaint. In addition, training sessions often involve discussions between participants. Things heard in these discussions could easily form the basis of a complaint even though they are not part of the official course materials. Even if a company is ultimately found to be in compliance, it will still have to undergo OFCCP’s investigative process, which represents a not insignificant burden.
The E.O. is silent with respect to how multi-national companies that are federal contractors should proceed regarding training for their employees outside the U.S. The content of the D&I training for those employees is likely to reflect the local country’s attitudes towards diversity and inclusiveness, and may not align with the E.O.’s restrictions on “divisive concepts.” Must these contractors ensure their D&I training in other countries follows the E.O.?
Finally, many of us raised strong concerns with the Obama Administration regarding the use of the federal procurement and contracting process to address issues unrelated to goods or services being purchased by the government. Such an approach effectively creates two sets of rules, one for those companies that do business with the government and another for those that do not. Those same concerns apply equally today. Federal contractors should be left to manage their workforces and workplaces with a minimum amount of interference so long as they are compliant with the law.
Federal contractors are firmly committed to maintaining a diverse and inclusive workforce and to providing their employees the necessary training to reinforce this goal. The Executive Order on Combating Race and Sex Stereotyping does not help contractors in this regard, and in fact creates several significant obstacles and impediments. We urge you to withdraw the E.O. and look forward to working with you on an approach that addresses any concerns that have been raised while continuing to promote efforts to create inclusive workplaces.
Sincerely,
Aeronautical Repair Station Association |
Alliance of Arizona Nonprofits |
American Alliance of Museums |
American Beverage Association American Chemistry Council |
American Council of Engineering Companies |
American Council of Life Insurers |
American Society of Association Executives |
Americans for the Arts |
America's SBDC |
Arkansas State Chamber/Associated Industries of Arkansas |
Associated Industries of Massachusetts - AIM |
Association of Art Museum Directors Association of American Publishers |
Auburn Area Chamber of Commerce |
Barnesville-Lamar County Chamber of Commerce |
Barrow County Chamber of Commerce, Inc. |
Bellingham Regional Chamber of Commerce |
Bend Chamber of Commerce |
Billings Chamber of Commerce |
Bolingbrook Area Chamber of Commerce |
Bristol Chamber of Commerce |
Business Roundtable Cedar Park Chamber of Commerce |
Cedar Rapids Metro Economic Alliance |
Center for Nonprofit Advancement (DC) |
Center for Nonprofit Excellence (VA) |
Center for Non-Profits (NJ) |
Chamber Southwest Louisiana |
Chandler Chamber of Commerce |
Charlotte Regional Business Alliance |
Chattanooga Area Chamber of Commerce |
Clarion Area Chamber of Business & Industry |
Colorado Nonprofit Association |
Commerce Lexington Inc. |
Common Good Vermont |
Consumer Data Industry Association |
Council Bluffs Area Chamber of Commerce |
Council for Responsible Nutrition |
CTIA |
Delaware Alliance for Nonprofit Advancement |
Detroit Regional Chamber |
Downtown Billings Alliance |
Edison Electric Institute |
Eugene Area Chamber of Commerce |
Ferndale Chamber of Commerce |
Florida Nonprofit Alliance |
Foraker (Alaska) |
Forefront (IL) |
Genoa Area Chamber of Commerce |
Georgia Chamber of Commerce |
Greater Akron Chamber |
Greater Boston Chamber of Commerce |
Greater Cheyenne Chamber of Commerce |
Greater Des Moines Partnership |
Greater Flagstaff Chamber of Commerce |
Greater Fort Lauderdale Chamber of Commerce |
Greater Houston LGBT Chamber of Commerce |
Greater Kansas City Chamber of Commerce |
Greater North Dakota Chamber |
Greater Scranton Chamber of Commerce |
Greater Springfield Chamber of Commerce |
Greater Stillwater Chamber of Commerce |
Greater Summerville/Dorchester County Chamber of Commerce |
Greater Winter Haven Chamber of Commerce |
Hanover Area Chamber of Commerce |
Harrisburg Regional Chamber |
Henry County Chamber of Commerce |
Houston West Chamber of Commerce |
Howard County Chamber |
HR Policy Association |
Huntington Regional Chamber of Commerce Idaho Nonprofit Center |
Independent Sector |
International Sign Association |
Irving Hispanic Chamber of Commerce |
Kentucky Chamber of Commerce |
Kentucky Nonprofit Network |
Kingsport Chamber |
Lansing Regional Chamber |
Lincoln Chamber of Commerce |
Loudoun County Chamber of Commerce |
Maine Association of Nonprofits |
Marana Chamber of Commerce |
Marshall Area Chamber of Commerce |
Maryland Chamber of Commerce |
Maryland Nonprofits |
Mason City Area Chamber of Commerce |
Massachusetts Nonprofit Network |
Meridian Chamber of Commerce |
Michigan Nonprofit Association |
Mid-America LGBT Chamber of Commerce |
Minnesota Council of Nonprofits |
Mississippi Alliance of Nonprofits and Philanthropy Momentum Nonprofit Partners (TN) Montana Nonprofit Association |
Montgomery Ohio Chamber of Commerce |
Murrieta/Wildomar Chamber of Commerce |
Nashville LGBT Chamber |
National Association of Manufacturers |
National Association of REALTORS® |
National Council of Nonprofits |
National Investor Relations Institute |
National LGBT Chamber of Commerce (NGLCC) |
Nebraska Chamber of Commerce & Industry |
Network for Strong Communities (MO) |
New Hampshire Center for Nonprofits |
New Jersey State Chamber of Commerce |
New Mexico Thrives |
New York Council of Nonprofits, Inc. |
Nonprofit Association of Oregon |
Nonprofit Association of the Midlands (NE) |
Nonprofit New York |
North Carolina Center for Nonprofits |
North Carolina Chamber |
North Port Area Chamber of Commerce |
North Texas Commission |
North Texas LGBT Chamber of Commerce |
Oklahoma Center for Nonprofits |
Oregon Business & Industry |
OUT Georgia Business Alliance Pennsylvania Association of Nonprofit Organizations |
Perry County Chamber of Commerce |
Plexus LGBT + Allied Chamber of Commerce |
Plexus LGBT Chamber of Commerce |
Providers’ Council (MA) |
Puerto Rico Chamber of Commerce |
Puyallup Sumner Chamber of Commerce |
Santa Fe Springs Chamber of Commerce |
Seattle Southside Chamber of Commerce |
Selma and Dallas County Chamber of Commerce and Tourism Information |
Shakopee Area Chamber of Commerce |
Software & Information Industry Association Solon Chamber of Commerce |
Southern Ohio Chamber Alliance |
Tacoma-Pierce County Chamber |
Tampa Bay LGBT Chamber |
The American Institute of Architects |
The Associated General Contractors of America |
The Chamber, Leading Business in Cabarrus |
The Institute for Workplace Equality The National Business League, Inc. |
The Slone Group |
Together SC |
Tompkins County Chamber of Commerce |
Troy Area Chamber of Commerce |
Tucson Metro Chamber |
Tulsa Regional Chamber |
Tyler Area Chamber of Commerce United Philanthropy Forum U.S. Chamber of Commerce |
USTelecom - The Broadband Association |
Utah Nonprofits Association |
Vegas Chamber |
Vinyl Institute |
Washington Nonprofits Wake Forest Area Chamber of Commerce |
Waverly Chamber of Commerce/Main Street |
West Virginia Chamber of Commerce |
Wine & Spirits Wholesalers of America |
Winona Area Chamber of Commerce |
Wyoming Nonprofit Network |
cc: The Honorable Eugene Scalia, Secretary of Labor
