Fish in ‘HR Dive’ on New OFCCP Guidance for Diversity Training Programs

Atlanta Partner Marilyn Fish was quoted at length Oct. 14 by HR Dive on new guidance published by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) implementing President Donald Trump’s executive order prohibiting federal contractors from promoting “race or sex stereotyping or scapegoating” within workplace diversity and inclusion training programs. The administration’s terminology, specifically its use of the terms “sex or race stereotyping or scapegoating,” and reference to white privilege, is “unusual,” Fish noted, given that these concepts “are not typically found in non-discrimination law.” Still, she said, contractors should continue with their scheduled D&I training programs, but be sure to explore the concepts covered in such programs “at a high level” to determine compliance with the new executive order. “Although the executive order causes some contractors to be concerned, I think that you can’t lose sight of the fact of the importance of continuing to advocate for a very strong training program for non-discrimination,” she said.