Civil Rights Organizations File Lawsuit Seeking to Halt President Trump’s Executive Order Combating Race and Sex Stereotyping

The controversy surrounding President Trump’s “Executive Order on Combating Race and Sex Stereotyping” continues to snowball. After the U.S. Chamber of Commerce and 150-plus business organizations sent a letter to the president contesting the Order and requesting that it be withdrawn, NAACP attorneys took contractor objections a step further, launching a class action lawsuit on behalf of the National Urban League, the National Fair Housing Alliance and others similarly situated. Filed on October 29, 2020, the suit called the Order “an extraordinary and unprecedented act by the Trump Administration to undermine efforts to foster diversity and inclusion in the workplace” and further challenged the federal directive on constitutional grounds.

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Now What? COVID-19 + Flu Season

Many workplaces are likely to see a rise in flu activity at the same time as an increased rate of COVID-19 infections. The paramount concern for all employers should be keeping sick workers out of the workplace. Now is the time to get ahead of the questions that are likely to arise. The CDC’s and other guidance will certainly continue to evolve, and it is important to continue to monitor developments and adjust policies accordingly. However, having a plan in place will bode well for employers and employees alike and will provide a solid starting place to incorporate new guidance as it is issued.

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OFCCP Issues Request for Information Supporting President Trump’s Executive Order on Combating Race and Sex Stereotyping

Executive Order 13950 first made waves in September, with concerns that its stated goal of stamping out “offensive and anti-American race and sex stereotyping and scapegoating” might curtail federal contractors’ ability to provide diversity workplace trainings. After publishing guidance clarifying the particulars of the Executive Order and launching a hotline to receive complaints, the Office of Federal Contract Compliance Programs is now seeking comments, information and materials from the public regarding potentially noncompliant trainings. The agency’s Request for Information was published in the Federal Register on October 21, 2020.

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New California Laws for 2021: What Employers Should Know

Several new laws in California impact employers in a multitude of operational areas. From leave regulations to workers’ compensation, safety enforcement, wages and more, business leaders have much to research when it comes to compliance. All employers with operations in California should be aware of these new laws, understand how these laws may affect their operations and consult with counsel to address any questions on these new obligations.

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Hostile Environment Claims in a Work-From-Home World

The work-from-home trend presents a host of employment law challenges, including unavoidable changes to how employers investigate and defend claims of hostile work environments. Non-traditional work settings may even give rise to new types of harassment and discrimination, challenging employers to rethink workplace policies and training to make sure they apply to all work environments, whether in the office or remote.

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OFCCP Issues FAQs on Executive Order Combating Race and Sex Stereotyping

The Office of Federal Contract Compliance Programs has issued nine Frequently Asked Questions (FAQs) to address Executive Order 13950, which is intended “to combat offensive and anti-American race and sex stereotyping and scapegoating.” The FAQs include a range of topics — from the effective date of the Executive Order and examples of race or sex stereotyping or scapegoating, to how to file a complaint for unlawful training programs.

For the full alert, visit the Faegre Drinker website.

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