Executive Order 13950

On September 22, 2020, Executive Order 13950 was issued by the Trump administration, taking aim at what it deemed to be "divisive concepts" and "race or sex stereotyping" in workplace training and education. The order, titled "Combating Race and Sex Stereotyping," aimed to restrict federal agencies, contractors, and grant recipients from using certain types of diversity training materials and programs that were seen as promoting critical race theory and other ideas that the administration considered divisive.

This executive order sparked intense debate and raised important questions about the role of diversity and inclusion efforts in the workplace, the limits of free speech, and the potential impact on racial equity and social justice initiatives. It also led to legal challenges and a broader discussion on the future of diversity training and education in the United States.

Understanding Executive Order 13950

Executive Order 13950 targeted what it referred to as "divisive concepts" and "race or sex stereotyping," which it defined as teachings or trainings that:

• Assert that the United States is fundamentally racist or sexist.
• Promote the idea that one race or sex is inherently superior to another.
• Suggest that individuals, by virtue of their race or sex, are inherently racist, sexist, or oppressive, whether consciously or unconsciously.
• Advocate for the deconstruction of the United States' heritage or institutions.
• Denigrate or stigmatize anyone on the basis of their race or sex.

The order directed federal agencies to review their training programs and materials for compliance with these guidelines and to take steps to ensure that federal funds were not used to support such trainings.

Impact on Diversity Training and Education

The executive order had a significant impact on diversity training and education programs across the country. Many organizations, especially those with federal contracts or grants, faced the challenge of revising their training materials to comply with the order's guidelines.

Challenges and Adaptations

Diversity and inclusion professionals had to navigate the complex task of balancing the need for meaningful diversity training with the restrictions imposed by the executive order. This often involved a careful review and rewriting of training materials to ensure they did not fall under the order's definition of "divisive concepts."

Some organizations chose to completely remove certain topics from their training programs, while others adapted their materials to focus more on practical strategies for promoting diversity and inclusion, rather than delving into the historical and systemic aspects of racism and sexism.

Legal Challenges

Executive Order 13950 faced several legal challenges, with critics arguing that it violated the First Amendment by suppressing certain types of speech and ideas. Several lawsuits were filed by civil rights groups and academic institutions, challenging the order's constitutionality.

One notable case, National Urban League v. United States, argued that the order infringed on the freedom of speech and association of organizations that provide diversity training, as well as the rights of employees to receive such training. The lawsuit sought to block the order's implementation, but the case was ultimately dismissed by a federal judge in December 2020.

The Future of Diversity Training

Despite the legal challenges and the change in administration, the impact of Executive Order 13950 is likely to have long-lasting effects on diversity training and education. The order sparked a broader conversation about the goals and methods of diversity training, and the role it plays in promoting racial equity and social justice.

Redefining Diversity Training

In the wake of Executive Order 13950, there has been a push to redefine diversity training to focus more on practical, actionable strategies for creating inclusive work environments. This shift aims to move away from broad discussions of systemic racism and sexism, which the order targeted, and instead focus on tangible steps individuals and organizations can take to address bias and discrimination.

Embracing Intersectionality

Many diversity and inclusion professionals are advocating for a more intersectional approach to diversity training. This involves recognizing and addressing the unique experiences and challenges faced by individuals who belong to multiple marginalized groups, such as people of color, women, LGBTQ+ individuals, and people with disabilities.

Measuring Impact

There is also a growing emphasis on measuring the impact and effectiveness of diversity training programs. Organizations are increasingly seeking data-driven approaches to diversity training, aiming to demonstrate tangible outcomes and improvements in areas such as employee engagement, retention, and innovation.

Collaborative Efforts

The future of diversity training may also involve more collaborative efforts between organizations, researchers, and diversity experts. By sharing best practices, conducting research, and developing evidence-based training programs, organizations can work together to create more effective and impactful diversity initiatives.

Conclusion

Executive Order 13950 served as a catalyst for important conversations about the role of diversity training in the workplace. While its impact has been significant, it has also sparked a much-needed reevaluation of diversity training practices and a push for more effective, inclusive, and evidence-based approaches.

As organizations continue to navigate the complex landscape of diversity and inclusion, the lessons learned from this executive order can help guide the development of training programs that are both legally compliant and effective in promoting racial equity and social justice.