Contractor Requirement Suspended on Executive Order Banning Race or Gender Training

The Department of Homeland Security Acquisition Regulation (HSAR) Class Deviation 21-01 is immediately suspended based on a preliminary injunction issued by the United States District Court for the Northern District of California on December 22, 2020.

HSAR Class Deviation 21-01 was issued to implement requirements of Executive Order 13950 Combating Race and Sex Stereotyping, which prohibits contractors from using any workplace training “that inculcates in its employees any form of race or sex stereotyping or any form of race or sex scapegoating.” On December 22, 2020, the United States District Court for the Northern District of California issued a preliminary injunction, enjoining Sections 4 and 5 of Executive Order 13950.

So long as the December 22, 2020 preliminary injunction remains in force, the government shall not enforce any provisions contained in government contracts or subcontracts added pursuant to Section 4(a) of Executive Order 13950; the government shall not cancel, terminate, or suspend in whole or in part, any contractor or subcontractors’ government contracts, nor declare any contractor or subcontractor ineligible for further government contracts, nor impose any other sanctions, on the basis of purported noncompliance with the Executive Order or any agency action implementing Section 4 or 5 of the Executive Order; and the government will not require contractors or subcontractors to provide notice of any commitments under the Executive Order or any contract term inserted pursuant to the Executive Order to their respective labor unions or employee representatives.

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The Government Technology & Services Coalition's Homeland Security Today (HSToday) is the premier news and information resource for the homeland security community, dedicated to elevating the discussions and insights that can support a safe and secure nation. A non-profit magazine and media platform, HSToday provides readers with the whole story, placing facts and comments in context to inform debate and drive realistic solutions to some of the nation’s most vexing security challenges.

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