FortneyScott Client Alert: Federal Court Enjoins Enforcement of
EO 13950 Against Federal Contractors
On December 23, 2020, US District Court Judge Beth Labson Freeman (N.D.Cal) granted a nationwide injunction against enforcement of President Trump’s Executive Order 13950, Combating Race and Sex Stereotyping

The plaintiffs, a group of nonprofit organizations that provide anti-racism and anti-LBGT bias training, argued that the EO required them to censor or stop training sessions fundamental to their mission of “breaking down barriers” and that the order was so vague that it did not give notice as to what speech is actually prohibited. The court found that the EO’s restrictions on contractors and grantees likely violated the Constitution’s free speech and due process protections. The injunction does not affect the portion of the EO that prohibits federal agencies and the military from training their personnel about issues such as “white privilege,” “critical race theory,” and other “offensive and anti-American race and sex stereotyping and scapegoating.”

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This update is for general information purposes only and is not intended to provide legal counsel or advice. Employers should retain experienced legal counsel to obtain advice about the effects of these developments on their particular circumstances.