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Contractors Scramble Amid Ban on Some Anti-Bias Trainings


The Trump administration's recent guidance on implementing a controversial executive order barring contractors from certain types of racial sensitivity training has thrown up a compliance wrinkle that suggests alleged violations of the policy may be investigated earlier than anticipated.


In the meantime, some contractors concerned that their training materials may fall afoul of Trump's order are already pausing any diversity or inclusion training or related programs that could be implicated.

That hesitation is especially prevalent among smaller companies that don't have the resources to try to defend their plans, according to Blank Rome LLP partner Dominique Casimir, whose practice also includes a focus on suspension and debarment-related issues.

"You see this chilling effect across the contractor community because of this executive order," she said. "The concepts as defined are murky enough ... [and] there's so much diversity of viewpoint on these issues of race in the workplace that even if companies haven't provided training that actually would seem to violate the E.O., it might not appear that way to specific employees and they may nevertheless submit materials to the OFCCP."

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"Contractors Scramble Amid Ban on Some Anti-Bias Trainings," by Daniel Wilson was published in Law360 on October 15, 2020.