As a follow up to the Inauguration Day recession of former President Trump’s Combatting Race and Sex Stereotyping Executive Order, the Biden Administration has issued a White House Diversity memo providing further direction on rolling back any remaining tenants of Executive Order 13950.

The memo, dated March 2, 2021, was published by the Office of Management and Budget (OMB) and

provides detailed instructions for agencies to ensure the complete rollback of agency actions that were taken pursuant to E.O. 13950.

Directed at federal agencies who took action to implement the rescinded Executive Order based on previous OMB guidance, the memo states

agencies must take appropriate actions to ensure the complete reversal of agency action implementing the now-rescinded OMB policy memoranda.

This includes removal of authorization for agencies to include language referencing the Executive Order in contracts and the treatment of contracts which may already include reference to the Order.

The memo also notes that The Office of Personnel Management will “rescind its guidance to Chief Human Capital Officers and Human Resources Directors issued on October 2, 2020, and cease reviewing diversity and inclusion training for compliance with E.O. 13950.”

In addition to reversing the Executive Order, the White House is taking the affirmative step of establishing a White House Gender Policy Council.  By Executive Order signed March 8, 2021, President Biden has directed the creation of the council to

establish and pursue a comprehensive approach to ensure that the Federal Government is working to advance equal rights and opportunities, regardless of gender or gender identity.

In recognizing that “advancing gender equity and equality is a matter of human rights, justice, and fairness” as well as “a strategic imperative that reduces poverty and promotes economic growth, increases access to education, improves health outcomes, advances political stability, and fosters democracy”, the administration believes “the full participation of all people — including women and girls — across all aspects of our society is essential to the economic well-being, health, and security of our Nation and of the world.”  The Gender Policy Council has a multi-faceted list of responsibilities and will involve cross-Agency participation and representation.

And President Biden is calling for quick action.  Within 200 days, the Council is ordered to develop and submit to the President a “government-wide strategy for advancing gender equity and equality in the United States.”

Stay tuned for updates on this, and other actions, by this Administration.

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Photo of Laura A. Mitchell Laura A. Mitchell

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating…

Laura Mitchell is a principal in the Denver office of Jackson Lewis P.C. and leads the firm’s Workplace Analytics and Preventive Strategies Pay Equity subgroup. She partners with employers to evaluate, develop and implement policies and practices that ensure workplace fairness while mitigating legal risk. Laura is a guiding force in the firm’s most specialized and technical practice areas where she leverages an analytics-focused approach to partner with her clients in building legally compliant programs around which they can anchor their workplaces achieving productivity and stability.

Laura understands that creating a competitive advantage for employers in today’s workplace involves using a data-driven approach to counsel companies on the development of proactive and equitable non-discriminatory practices in hiring, promotions, separations and pay—and where advancements in technology can create both opportunities for efficiencies and risk that can be measured. Committed to putting her clients’ organizational goals first and foremost while balancing legal risk, Laura views herself as an extension of her clients’ team, responsible for providing proactive guidance and engaging in transparent, ongoing communication. Staying the course with employers across their organizational journey while balancing legal compliance obligations throughout their employees’ lifecycle ensures Laura’s position as a go-to resource.

Laura works with companies across all industries—both new and well-established multi-national organizations of all sizes—to realize the combined vision of legal compliance, increased productivity and economic growth enhanced by a focus on pay equity.  As part of the pay equity journey, she advises employers on the evolving pay transparency landscape, working to align compliant practices with the practical realities of the business world.

Laura partners closely with government contractors to understand, implement and demonstrate compliance with their EEO regulatory and compliance obligations. She also works closely with non-government contractor clients to conduct risk assessments of their programs, policies, and training to align with federal and state anti-discrimination requirements.

Laura is the editor and a principal contributor of the GovCon Employment Exchange blog and presents on pay equity and government contractor obligations. To round out her days, Laura enjoys spending time with her family and friends attending sports events, working out, riding her bike, playing pickleball and taking in Colorado’s incomparable sunsets.