The Associated General Contractors of America (AGC) recently called on President Trump to rescind Executive Order 13950. The EO is titled, “Combating Race and Sex Stereotyping.” I will refrain from giving you my own opinion on the executive order and instead relay the AGC’s reasons for asking the President to reconsider.
First, the AGC believes that Executive Order 13950 has already been the cause of a lot of confusion and uncertainty. The association continues to be worried that there will be much more to come. Second, the AGC says it is afraid the EO “could fuel investigations of government contractors for simply trying to promote diversity and combating discrimination in the workplace.”
If you think this is a knee-jerk reaction from the AGC, think again.
Since President Trump issued the EO on September 22, the AGC brought in Washington DC law firm, Crowell Moring, to carefully examine it. You can see the firm’s analysis here. This summation has also been shared with AGC members who have been left wondering what they should be doing with their training programs.
Understand that earlier this year, the AGC created and launched its own diversity and inclusion initiative called “Culture of Care.” The goal is to advance the construction industry as the industry of choice for diverse and talented workers by building inclusive work environments in firms nationwide and the AGC is committed to the program and its underlying principles. Members can go to the Culture of Care website and take the personal pledge which says, “I believe that every individual has the right to work in an environment that is free from harassment, hazing, and bullying. I will do my part to build a culture that is diverse, safe, welcoming and inclusive by taking action to ensure that unwelcome, offensive, discriminatory or harassing language and/or behavior is not tolerated in my workplace.”
The AGC does not stand alone in this. The American Council of Engineering Companies, the American Institute of Architects and the U.S. Chamber of Commerce are all urging the President to rescind Executive Order 13950.
The closing paragraph of Crowell Moring’s analysis of the EO answers the question, “How are companies responding to the Executive Order?”
It says, “While a few companies have put their diversity, equity, and inclusion programs on hold or made certain modifications, many have thus far adopted somewhat of a wait-and-see approach for the moment. If there is a new administration in January, it is widely presumed that this EO will be revoked. If there is a second Trump administration, many in the industry speculate that the EO will likely face legal challenges. It is, as yet, unknown how quickly or aggressively the OFCCP may enforce the EO in the meantime.”