Department of Defense Issues EO 13950 Contract Clause

The U.S. Department of Defense has issued a memorandum containing the clause that is to be included in solicitations issued on or after November 20, 2020 in regards to Executive Order 13950, Combating Race and Sex Stereotyping. 

This means that federal contractors can anticipate seeing this new clause in solicitations and contracts where the Federal Acquisition Regulation (FAR) 52.22-26 Equal Opportunity clause is included.

The clause prohibits contractors from using any workplace training that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating, including the concepts that—

1. One race or sex is inherently superior to another race or sex;
2. An individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously;
3. An individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex;
4. Members of one race or sex cannot and should not attempt to treat others without respect to race or sex;
5. An individual’s moral character is necessarily determined by his or her race or sex;
6. An individual, by virtue of his or her race or sex, bears responsibility for actions committed in the past by other members of the same race or sex;
7. Any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or
8. Meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race.

While it is possible that the Executive Order is reversed in January, contractors are currently required to notify labor union representatives and post copies of the notice in conspicuous places available to employees and applicants.