Executive Order 13950: Combating Race and Sex Stereotyping

President: Donald J. Trump

Restricted specified race- and sex-related training in the armed forces, federal agencies, contracts and grants using the order's defined list of concepts.

Status: Revoked. Is Executive Order 13950 still in effect? No. Executive Order 13985 revoked Executive Order 13950 on January 20, 2021.

What does Executive Order 13950 do?

EO 13950 restricted training that promoted its defined race- or sex-related concepts in federal agencies, the uniformed services, covered government contracts and selected grant programs. The definitions included claims of inherent racial or sexual superiority and collective responsibility for actions by others sharing a race or sex. The order’s policy statements criticized particular forms of diversity instruction; they did not establish that every diversity program taught the prohibited concepts. Official source.

The mechanism varied by setting. Federal contracting agencies were to insert a specified clause in covered future contracts, Labor’s OFCCP would receive complaints and seek training information, and agencies would identify grants on which funding conditions could lawfully be imposed. Federal employee training required review and spending reports. Uniformed services received a separate instruction not to teach members to believe the listed concepts. Official source.

For people outside government, the order reached workplace training through federal contracts and potential grant conditions, rather than imposing a general criminal prohibition on speech. It expressly allowed objective discussion of the concepts without endorsement as part of a larger academic course. Contractors faced potential cancellation, suspension, termination or exclusion under applicable procedures, making the contract language consequential despite its short-lived operation. Official source.

Administration position: Any policy rationale or projected benefit in the order is the administration’s position. This index record does not treat those claims as independently established facts.
SignedSeptember 22, 2020
IssuerPresident Donald J. Trump
TermFirst presidential term

Before and after

Before the order

Agencies and contractors were already bound by nondiscrimination statutes and existing employment rules. Before EO 13950 there was no contract clause from this order restricting the defined training concepts. Federal departments retained authority over their own training and grant programs subject to established law. Official source.

After the order

The order added reviews, clauses and reporting, with contract requirements applicable 60 days after signing. On December 22, 2020, the district court in Santa Cruz barred enforcement of sections 4 and 5 against recipients of federal contract or grant funding. That preliminary injunction was limited to specified provisions and was not a final ruling striking down the entire order. Biden then expressly revoked it January 20, 2021. Official source.

Who had to do what

Agency / officeActionTiming / position
Uniformed Services / military departmentsDo not teach members to believe the defined concepts; do not penalize refusal to endorse them.Immediately.
Government contracting agencies / contracting officersInsert the specified training clause and provide contractor notices, subject to exemptions.Contracts entered 60 days after signing.
Labor Secretary / OFCCP DirectorEstablish complaint hotline, investigate covered contractor complaints, enforce requirements and request training information.Information request within 30 days; other implementation ongoing.
Agency headsReview grant programs for lawful conditions; incorporate requirements, review training and report diversity-training spending.Grant list to OMB within 60 days; fiscal 2020 spending report within 90 days.
OPM DirectorReview federal training for consistency; propose regulations addressing supervisory approval of prohibited training.Review before training use; no fixed regulatory deadline.
Agency inspectors generalReview compliance and report findings as directed in section 6.By the end of calendar year 2020 and at least annually thereafter, on agency-head request.
Attorney General / EEOCAssess whether workplace training may implicate Title VII and issue guidance if appropriate.No fixed deadline.
OMB DirectorReceive grant-program and training-spending reports.60-day and 90-day agency reports.
Interagency Suspension and Debarment CommitteeConsult with agencies evaluating debarment for training-contract violations.When relevant agency evaluates a violation.
Senior political appointee designated by each agency headEnsure agency compliance with EO 13950.During implementation; no separate designation deadline.

What happened next

EO 13950 establishes the training restrictions. Official source

Santa Cruz preliminary injunction blocks enforcement of sections 4 and 5 against federal funding recipients. Official source

EO 13985 revokes EO 13950 and directs review of related agency actions. Official source