Please help us improve our site! No thank you. LII U. Code Title 5. Code Notes prev next. Editorial Notes. Amendments — Pub. See T. See Fed. Instructors and materials teaching that men and members of certain races, as well as our most venerable institutions, are inherently sexist and racist are appearing in workplace diversity trainings across the country, even in components of the Federal Government and among Federal contractors.
All of this is contrary to the fundamental premises underpinning our Republic: that all individuals are created equal and should be allowed an equal opportunity under the law to pursue happiness and prosper based on individual merit. Executive departments and agencies agencies , our Uniformed Services, Federal contractors, and Federal grant recipients should, of course, continue to foster environments devoid of hostility grounded in race, sex, and other federally protected characteristics.
Training employees to create an inclusive workplace is appropriate and beneficial. The Federal Government is, and must always be, committed to the fair and equal treatment of all individuals before the law. But training like that discussed above perpetuates racial stereotypes and division and can use subtle coercive pressure to ensure conformity of viewpoint.
Such ideas may be fashionable in the academy, but they have no place in programs and activities supported by Federal taxpayer dollars.
Research also suggests that blame-focused diversity training reinforces biases and decreases opportunities for minorities. Our Federal civil service system is based on merit principles. These principles, codified at 5 U. Similarly, our Uniformed Services should not teach our heroic men and women in uniform the lie that the country for which they are willing to die is fundamentally racist. Such teachings could directly threaten the cohesion and effectiveness of our Uniformed Services. Such activities also promote division and inefficiency when carried out by Federal contractors.
The Federal Government has long prohibited Federal contractors from engaging in race or sex discrimination and required contractors to take affirmative action to ensure that such discrimination does not occur. Such requirements promote divisiveness in the workplace and distract from the pursuit of excellence and collaborative achievements in public administration. Therefore, it shall be the policy of the United States not to promote race or sex stereotyping or scapegoating in the Federal workforce or in the Uniformed Services, and not to allow grant funds to be used for these purposes.
In addition, Federal contractors will not be permitted to inculcate such views in their employees. For the purposes of this order, the phrase:. It similarly encompasses any claim that, consciously or unconsciously, and by virtue of his or her race or sex, members of any race are inherently racist or are inherently inclined to oppress others, or that members of a sex are inherently sexist or inclined to oppress others.
Requirements for the United States Uniformed Services. The United States Uniformed Services, including the United States Armed Forces, shall not teach, instruct, or train any member of the United States Uniformed Services, whether serving on active duty, serving on reserve duty, attending a military service academy, or attending courses conducted by a military department pursuant to a Reserve Officer Corps Training program, to believe any of the divisive concepts set forth in section 2 a of this order.
No member of the United States Uniformed Services shall face any penalty or discrimination on account of his or her refusal to support, believe, endorse, embrace, confess, act upon, or otherwise assent to these concepts.
Requirements for Government Contractors. The contractor will include the provisions of paragraphs 1 through 4 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor, so that such provisions will be binding upon each subcontractor or vendor.
The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
The Department shall take appropriate enforcement action and provide remedial relief, as appropriate. The request for information should request copies of any training, workshop, or similar programing having to do with diversity and inclusion as well as information about the duration, frequency, and expense of such activities.
Requirements for Federal Grants. Within 60 days of the date of this order, the heads of agencies shall each submit a report to the Director of the Office of Management and Budget OMB that lists all grant programs so identified. Requirements for Agencies. Agencies should continue all training that will foster a workplace that is respectful of all employees. Such report shall, in addition to providing aggregate totals, delineate awards to each individual contractor.
Title VII Guidance. The Attorney General should continue to assess the extent to which workplace training that teaches the divisive concepts set forth in section 2 a of this order may contribute to a hostile work environment and give rise to potential liability under Title VII of the Civil Rights Act of , 42 U. If appropriate, the Attorney General and the Equal Employment Opportunity Commission shall issue publicly available guidance to assist employers in better promoting diversity and inclusive workplaces consistent with Title VII.
Effective Date. This order is effective immediately, except that the requirements of section 4 of this order shall apply to contracts entered into 60 days after the date of this order [ Sept. General Provisions. Please help us improve our site! View more. How well did this answer your question? Thank you for your feedback! An error occurred while trying to submit your feedback. Please try again later. Can an agency pay for training for a political appointee Schedule C appointments?
An agency can pay for training for a political appointee. Political appointees may not participate in academic degree programs 5 USC b 3. Do we have to evaluate every training course? You may not need to evaluate every course or program. Is there a legal requirement to carry out a program evaluation? Will the evaluation answer questions posed by your stakeholders or those interested in the evaluation?
Agencies are required to evaluate their training programs annually 5 CFR For more information on training evaluation, go to pp. Is there any requirement that says when an employee attends training, they are obligated to participate in the entire training unless they have cleared it with their supervisor?
There is no regulatory requirement that says an employee is obligated to participate in the entire training.
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