OFCCP Guidance Re: No Enforcement Action on EO 13950 and DEI Training
A message from the National Association of Diversity Officers in Higher Education:
On Monday, January 11, 2021, the US Department of Labor, OFCCP issued guidance that it will stop investigating any agency or contractor suspected of violating executive order 13950 (the EO regarding federal contractors DEI education programs) and will take no enforcement action. This determination was made after U.S. District Court Judge Beth Labson Freeman granted a preliminary injunction filed by LGBT rights groups in the Northern District of California based on the likelihood of them prevailing on their First Amendment claims. DOL suspended enforcement of the EO restricting diversity training by government agencies and contractors after the District Court issued the injunction. A hotline set up to collect complaints will no longer be used.
The OFCCP guidance and the federal court decision can be found here:
NADOHE will continue to monitor any further action taken by OFCCP.
Paulette Granberry Russell, JD
DEI supports NADOHE Statement on Violence Within the Nation's Capitol
NADOHE Statement on Violence Within the Nation’s Capitol
CONTACT: Debra S. Nolan, CAE
Phone: 800-793-7025, Email: email@example.com
FOR IMMEDIATE RELEASE
January 7, 2021 - The new year was greatly anticipated as a time of new beginnings. Instead, on January 6, 2021, we witnessed violence on the grounds and within the building of our nation’s capitol, incited by President Trump, who encouraged his supporters to demonstrate their disagreement with the legitimate November election outcome. What should have been a peaceful transfer of power that is the hallmark of U.S. democracy turned into a day of destruction and death. Although many are shocked and outraged by what took place, the disruption was unsurprising after four years of an administration that has promoted hate, and peddled lies, conspiracy theories and disdain for the norms of civil behavior that should exist even when we fundamentally disagree with one another.
As leaders in Higher Education focused on diversity, equity and inclusion, we cannot ignore the role that race baiting has played in these events, with white supremacists emboldened and encouraged by President Trump. Nor can we fail to defend the essential role of facts and truth-seeking as the basis of an equitable, respectful culture.
NADOHE deplores these disgraceful events and calls on its members and leaders in all sectors of society to remain vigilant in our support to democracy. We remain committed to the wellbeing of our campus communities.
As the pre-eminent voice for chief diversity officers in higher education and with more than 1,100 members representing 750 colleges and universities, NADOHE's mission is to lead higher education towards inclusive excellence through institutional transformation. For more information about NADOHE, visit www.nadohe.org.
Additional Statements regarding the
Response from the Division for Equity and Inclusion to
Executive Order on "Combating Race & Sex Stereotyping" - 9/24/2020
(SEPTEMBER 24, 2020) - Last evening, President Trump issued an executive order which broadens his previous action targeted at eliminating workplace diversity training programs within federal agencies the president considers “offensive and anti-American race and sex stereotyping and scapegoating.” The executive order outlines a process by which restrictions will now apply to federal contractors. Additionally, Section 5 of the executive order instructs federal agencies to “review their respective grant programs and identify programs for which the agency may” apply conditions to receiving a grant. Agencies are to submit a report to OMB within 60 days.
Sec. 5. Requirements for Federal Grants. The heads of all agencies shall review their respective grant programs and identify programs for which the agency may, as a condition of receiving such a grant, require the recipient to certify that it will not use Federal funds to promote the concepts that (a) one race or sex is inherently superior to another race or sex; (b) an individual, by virtue of his or her race or sex, is inherently racist, sexist, or oppressive, whether consciously or unconsciously; (c) an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex; (d) members of one race or sex cannot and should not attempt to treat others without respect to race or sex; (e) an individual’s moral character is necessarily determined by his or her race or sex; (f) 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; (g) any individual should feel discomfort, guilt, anguish, or any other form of psychological distress on account of his or her race or sex; or (h) meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race. Within 60 days of the date of this order, the heads of agencies shall each submit a report to the Director of the Office of Management and Budget (OMB) that lists all grant programs so identified.
Clearly, the writers of this executive order do not understand the nature of systemic racism, sexism, oppression, nor do they accept the extent to which such systems of power are embedded in our modern institutions.
Given that these issues are systemic and that wealth gaps in the US result from low wages, inequitable access to health care, and systematic withdrawal of resources from Black, Brown, and poor communities, etc, anti-racist (and related) education is not focused on characterizing all individuals of European descent (for example) as ”inherently racist, sexist, or oppressive.”
The education explains that a system built on racial hierarchy (beginning with slavery and settler colonialism—we all recognize our history in the U.S. and initial wealth gaps started with occupying Native land, enslaving Africans, and indenturing poor Europeans—some of whom were not even initially considered “white”, etc) has resulted in persistence of an educational system, health care systems, religious organizations, law enforcement, etc (or “institutions” as we refer to them in sociology) that preserve the notion of racial hierarchy resulting in devaluing Black, Indigenous, and Brown lives at every turn.
Social scientists, medical scientists, and scholars in humanities, etc have decades-long records of research publications (largely utilizing research tools developed by the same racial hierarchy, including but not limited to methods developed by eugenicists, gynecological research conducted against Jewish women in concentration campus and both enslaved and free Black women, medical research that provided placebos to Black men resulting in untreated syphilis and death, qualitative research practices developed on basis of research that took advantage of gay men) providing evidence that racial inequalities have caused and maintained recurring political and material advantages for white people in the US, especially those of the middle and upper classes.
Furthermore, Institutions of Higher Education in the United States enjoy the protections of academic freedom, as guaranteed by the AAUP and university policies, that protect their research and teaching missions from federal interference, including this most recent gratuitous use of power by the Trump administration. The Executive Order on “Combating Race and Sex Stereotyping” dismisses decades of social science evidence and denies the persistence of systemic racism, heteropatriarchy, settler colonialism and other intersectional violence in US society. Below are links to all the scholarly associations statements on race and intersectionality (see APA statement that specifically names intersectionality).
American Anthropological Association. 1998. “Statement on Race.” Washington, DC. Last accessed on 08/15/10 at http://www.aaanet.org/stmts/racepp.htm.
American Association of Physical Anthropologists. 1996. AAPA Statement on Biological Aspects of Race, American Journal of Physical Anthropology, (101):569-570. Last accessed on 08/15/10 at http://physanth.org/association/position-statements/biological-aspects-of-race.
American Psychological Association. 2002. Guidelines on Multicultural Education, Training, Research, Practice, and Organizational Change for Psychologists- Washington, DC: American Psychological Association. Last accessed on 8/15/10 at http://www.apa.org/pi/oema/resources/policy/multicultural-guidelines.aspx.
American Sociological Association, 2020. Sociology Speaks: Experts Explain the Executive Order of Combating Race and Sex Stereotyping. https://www.asanet.org/news-events/asa-news/sociology-speaks-experts-explain-executive-order-combating-race-and-sex-stereotyping
American Sociological Association. 2003. The Importance of Collecting Data and Doing Social Scientific Research on Race. Washington, DC: American Sociological Association. Last accessed on 8/15/10 at http://www2.asanet.org/media/asa_race_statement.pdf.
Statements regarding the
Executive Order on "Combating Race & Sex Sterotyping"
|American Historical Association|
|AERA - |
American Educational Research Association
|Statement in Support of Anti-Racist Education|
National Association of Diversity Officers in Higher Education
|NADOHE Statement of DEI Training|
Statement from the Division for Equity and Inclusion regarding George Floyd and Police Brutality
(MAY 30, 2020) - DEI finds the actions of the officers who killed Mr. George Floyd unconscionable and we denounce police brutality against communities of color. Further we are aware of and condemn white nationalist groups that are taking cover behind legitimate national protests concerning George Floyd & police brutality, to incite violence against black businesses and civil society.
We call on chiefs of police nationally to condemn the actions of the officers who killed Mr. George Floyd and to renounce practices of police brutality against Black communities and other marginalized folk. As well, we call on police departments at universities and in communities to require diversity education and to require a demonstrated commitment to diversity and inclusion as essential criteria for hiring and promotion.
Below we provide the transcript of an interview with Miami Police Chief Jorge Colina who has called on statements of condemnation against the actions of those responsible for killing Mr. George Floyd, as Chief Colina said, “not [just] from community leaders, not [just] from mayors or governors, no, from law enforcement …leadership,… so officers can hear that message and understand…”.
Interview by Joy Reid, AM Joy 30 May 2020 MSNBC, 9am MT
Joy Reid from MSNBC says, “it is not surprising that the demonstrations have been extremely angry. … How do police police people who are angry because of that cruelty?” She asks how can police departments expect the Black community to comply with curfews and to work with them to quell violence incited by white nationalists who are using peaceful Black protestors as cover.
Response from Miami Chief of Police Jorge Colina: It is not impossible, we have to keep working at it. The first thing that happens is that there needs to be is an united voice from law enforcement, not [just] from community leaders not [just] the mayors or governors. No, from Law enforcement coming out and saying this is horrific. Open your eyes and look at what happened here. There is no excusing it. There is no, “well what happened beforehand. What’s his criminal history. What prompted this action” Nothing justifies that. And that needs to be said. And it needs to be said outloud. So the officers from the leadership on down the officers can hear that message and understand it is your job to say, “don’t do that! It is unacceptable. Please stop it.” And when the community sees that this voice is being heard and you’re being proactive on the law enforcement side, then we can start that process of starting to regain some trust. but if we don’t do that, and historically we are terrible at communicating. If we don’t do that, this is going to continue. It’s got to start from police leadership and push down to every officer on the street. You can’t be afraid to speak up.”
Assata Zerai, Ph.D.
Vice President for Equity and Inclusion
University of New Mexico
Links to Press and Campus and Community Statements
Statement from UNM
Statement from UNM African American Student Services
Statement from UNM Chicana/Chicano Studies
Statement from UNM Office of Equal Opportunity
UNM Staff Support Statement
Mayor Keller and City Officials Denounce Racism and Address Incident at an Albuquerque Protest
Article: Mural of George Floyd
Statement from VP for Equity and Inclusion Dr. Assata Zerai regarding threats against Dr. Charles Becknell, Jr., Director of Africana Studies
(MAY 4, 2020) - At UNM, as Lobos each of us defines all of us. So when statements of hate and threats of physical harm are made against one in our pack, we stand resolute to communicate our inclusive values and that we will not tolerate such assaults against one of our own.
As VPEI, I was greatly distressed to learn that Dr. Charles Becknell, Jr, Director of Africana Studies was recently sent threats against his person. There is a long history of threats and intimidation against people of color, and specifically African Americans in the United States. At UNM, we declare that anti-blackness will not gain a foothold.
We urge anyone who has received any offensive communications via e-mail or in person to reach out to the UNM PD and OEO and fill out a hate bias incident report at https://police.unm.edu/default.aspx?MenuItemID=249&MenuGroup=Public+Home.
Reports can be made anonymously and are investigated fully.
UNM has confidential reporting sites for students, staff, and faculty who may not be sure if they wish to proceed with an OEO report or if their concern warrants an OEO report. Confidential advocates can be reached at: firstname.lastname@example.org, email@example.com, or firstname.lastname@example.org.
During this unprecedented time, many are facing challenges due to incidents of micro aggressions and racial bias and we urge individuals report to the agencies noted above and to visit the newly developed http://mentalhealth.unm.edu to access resources and support.
For those in the community who wish to understand more about the heightened climate concerns during COVID-19, we encourage you to tune into our DEI webinar series. DEI has also worked with constituency groups to develop a list of guidelines for establishing policy during COVID-19. These are displayed on the University COVID-19 website.
In the meantime, we want the UNM community to know that we greatly value Dr. Becknell and that we stand with him, and the Africana Studies community.
Assata Zerai, Ph.D.
Vice President for Equity and Inclusion
University of New Mexico
Links to Press and Campus and Community Statements in Support of Africana Studies
Provost's Academic Dispatch
UNM Black Faculty Alliance Statement on the Criminal Act of antiBlack Racist Terrorism against Dr. Charles Becknell, Jr., and the Program of Africana Studies
College of Arts and Sciences
Chicana/Chicano Studies and supporters
UNM College of the University Libraries and Learning Sciences on the Criminal act of anti-Black Racis Terrorism against
UNM School of Law Faculty Letter of Support
UNM Staff Council
College of Education
College of Population Health
First Congregational United Church of Christ
Black Lawyers Association
FBI asked to investigate racist threats against UNM program director, ABQ Journal