October 26, 2020

Volume X, Number 300


October 26, 2020

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October 23, 2020

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OFCCP Launches Hotline to Receive Reports Regarding Contractors’ Prohibited Race and Sex Stereotyping

The U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP) announced its new hotline and email address to provide a forum to report noncompliance with Executive Order 11246 as well as President Trump’s recent executive order, which curtails certain employee diversity and inclusion training.

As recently reported, on September 22, 2020, President Trump issued an unprecedented “Executive Order on Combating Race and Sex Stereotyping” (Executive Order 13950) in an effort to “to combat offensive and anti-American race and sex stereotyping and scapegoating” through a variety of measures. Executive Order 13950 significantly limits the diversity trainings federal contractors may offer and requires contractors to add contract provisions prohibiting “race and sex stereotyping” in their subcontracts and purchase orders, among other requirements. Executive Order 13950 also directed the OFCCP to create a hotline where employees could report suspected violations of Executive Order 13950’s requirements, in addition to violations of long-standing Executive Order 11246, which prohibits discrimination based on race, color, religion, sex, sexual orientation, gender identity and national origin, and prohibits inquiring about, discussing or disclosing one’s compensation or the compensation of others.

Employees may file complaints when a federal contractor “is utilizing training programs in violation of the contractor’s obligations under those orders.” The OFCCP is charged with investigating such complaints. On September 29, 2020, the U.S. Department of Labor announced that the OFCCP has established a hotline and email address to receive and investigate the complaints. The OFCCP’s new Complaint Hotline to Combat Race and Sex Stereotyping can be reached at (202) 343-2008 or by email at OFCCPComplaintHotline@dol.gov. Employees also may file complaints regarding training programs via the OFCCP’s preexisting “How to File a Complaint” webpage.

Executive Order 13950 became effective immediately, but the requirements apply only to federal contractors who enter into federal contracts on or after November 21, 2020. However, the announcement also cautions that “training programs prohibited by the new Executive Order also may violate a contractor’s obligations under the existing Executive Order 11246.” Importantly, if a contractor fails to comply with Executive Order 13950, its contract may be canceled, terminated or suspended in whole or in part, and the contractor may be declared ineligible for further government contracts. Although this controversial Order will likely be challenged on both procedural and constitutional grounds, affected employers should adhere to its requirements and watch closely for further developments.

© 2020 Faegre Drinker Biddle & Reath LLP. All Rights Reserved.National Law Review, Volume X, Number 275



About this Author

Kristin Jones Pierre Labor & Employment Faegre Drinker Biddle & Reath Minneapolis, MN

Kristin Jones Pierre advises management nationwide on complex workplace matters, including identifying long-term strategies and best practices to reduce employment-related legal risks while meeting business needs. She represents employers of all sizes, including public and private companies, emerging businesses, and nonprofit organizations.

Employment Counseling

Kristin helps employers identify employment obligations, risks and liabilities from hiring practices to termination. Her experience includes advising employers on:

  • Hiring practices, including recruitment...
Stacie L. Linguist Commercial Litigation & Government Contracts Faegre Drinker Biddle & Reath Minneapolis, MN

Stacie Linguist represents clients in commercial litigation and government contracts matters. Stacie helps clients resolve business disputes, obtain government contracts and respond to government investigations. She has worked with clients in a number of industries, including financial services, insurance, health care, defense and technology.

Litigation and Investigations

Stacie litigates bid protests before the Government Accountability Office, the U.S. Court of Federal Claims, and state agencies and departments, conducts internal investigations, and responds to Inspector General and Department of Justice investigations.

In the commercial realm, Stacie has experience representing banks and insurance companies in financial services and consumer litigation. She also helps companies protect their trade secrets through litigation.

Contracts and Procurement

Stacie advises government contractors when bidding on, negotiating and performing government contracts. Her expertise includes:

  • Evaluating corporate transactions by conducting due diligence on issues unique to government contracting
  • Analyzing and drafting agreements between and among government contractors
  • Counseling on forming teaming agreements and subcontracts
  • Advising contractors facing threatened suspension and debarment
  • Appealing formal size determinations and advising on other issues arising under the Small Business Administration (SBA)

Tax Liens

Stacie helps banks and financial services organizations resolve tax lien issues to maintain profitability of their properties. She guides clients through recovery options, including:

  • Administratively redeeming properties when possible
  • Interfacing with tax assessment officials and tax lien investors to negotiate recoveries
  • Going to court to overturn tax sales

Personal Interests

Stacie enjoys long-distance running and participating in philanthropic races. Married to a college football coach, she is often found at the gridiron watching his teams compete.