2021-O0001 (original)

Use this clause in solicitations and contracts, when a contract is contemplated that
will include the clause at Federal Acquisition Regulation (FAR) 52.222-26, Equal
Opportunity or its Alternate I.

COMBATING RACE AND SEX STEREOTYPING
(DEVIATION 2021-O0001) (NOV 2020)

(a) Definitions. As used in this clause—

"Race or sex scapegoating" means assigning fault, blame, or bias to a race or sex, or
to members of a race or sex because of their race or sex.

"Race or sex stereotyping" means ascribing character traits, values, moral and
ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of
his or her race or sex.

(b) Exemptions. The exemptions that apply to Executive Order (E.O.) 11246 (see
FAR 22.807) also apply to E.O. 13950 and the requirements of this clause.

(c) Compliance with E.O. 13950, Combating Race and Sex Stereotyping. Unless
exempted under paragraph (b) of this clause, the Contractor shall not use 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.

(d) Notice. The Contractor shall send, to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract or
understanding, the notice provided below advising the labor union or workers'
representative of the Contractor's commitments under this clause, and post copies of the
notice in conspicuous places available to employees and applicants for employment.

NOTICE

E.O. 13950, Combating Race and Sex Stereotyping

Employers Holding Federal Contracts or Subcontracts

Contractors shall not use 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 following 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.

For use in this notice—

"Race or sex scapegoating" means assigning fault, blame, or bias to a race or sex,
or to members of a race or sex because of their race or sex; and

"Race or sex stereotyping" means ascribing character traits, values, moral and
ethical codes, privileges, status, or beliefs to a race or sex, or to an individual because of
his or her race or sex.

Any person who believes a contractor has violated its nondiscrimination or
affirmative action obligations under this notice should immediately contact the Office of
Federal Contract Compliance Programs (OFCCP) Complaint Hotline to Combat Race
and Sex Stereotyping at 202-343-2008 or via email at
OFCCPComplaintHotline@dol.gov.

(End of notice)

(e) Noncompliance. In the event it is determined that the Contractor is not in
compliance with this clause or any rule, regulation, or order of the Secretary of Labor,
this contract may be canceled, terminated, or suspended in whole or in part, and the
Contractor may be declared ineligible for further Government contracts, under the
procedures authorized in E.O. 11246, as amended. In addition, sanctions may be
imposed and remedies invoked against the Contractor as provided in E.O. 11246, as
amended; in the rules, regulations, and orders of the Secretary of Labor; or as otherwise
provided by law.

(f) Subcontracts. (1) The Contractor shall include the substance of this clause,
including this paragraph (f), in all subcontracts that exceed $10,000 and are not
exempted by the rules, regulations, or orders of the Secretary of Labor issued under
E.O. 11246, as amended, so that these terms and conditions will be binding upon each
subcontractor.

(2) The Contractor shall take such action with respect to any subcontract as the
Director of OFCCP may direct as a means of enforcing these terms and conditions,
including sanctions for noncompliance, provided, that if the Contractor becomes
involved in, or is threatened with, litigation with a subcontractor as a result of such
direction, the Contractor may request the United States to enter into the litigation to
protect the interests of the United States.

(End of clause)