Key Issues

Biden Revokes Trump Executive Order on Combatting Race and Sex Stereotyping, Issues Executive Order on Advancing Racial Equity in Its Place

January 22, 2021 (WASHINGTON INSIDER ALERT) -  On January 20, President Joe Biden issued an Executive Order (EO) on “Advancing Racial Equity and Support for Underserved Communities Through the Federal Government,” which directs federal agencies to address systemic racism and advance racial equity in federal policymaking and programs. The EO also revokes the controversial Trump administration EO 13950, “Combatting Race and Sex Stereotyping,” which CUPA-HR and other higher education groups had previously requested be withdrawn.

Under the new Biden EO, federal agencies are generally directed to “assess whether, and to what extent, its programs and policies perpetuate systemic barriers to opportunities and benefits for people of color and other underserved groups.” Among the list of actions, the new EO specifically calls for:

  • The Office of Management and Budget and other federal agencies to conduct assessments on whether agency policies and actions create or exacerbate barriers to full and equal participation by all eligible individuals;
  • The federal government to allocate resources to address “historic failure to invest sufficiently, justly, and equally in underserved communities;” and
  • The establishment an Equitable Data Working Group to ensure federal data reflect the diversity of the American people.

The Biden administration EO also formally revokes the Trump administration’s EO 13950 on “Combatting Race and Sex Stereotyping,” which imposed concerning requirements on federal contractors, including colleges and universities, with respect to the content of workforce training programs. To fully revoke EO 13950, the Biden EO directs agencies covered by EO 13950 to review and identify proposed and existing agency actions related to or arising from EO 13950 and tasks the head of each agency to suspend, revise or rescind such actions within 60 days of the issuance of this order.

CUPA-HR will continue to track new developments related to this EO and other EOs the Biden administration is expected to issue in the coming days.