As instructed by last week’s Combatting Race and Sex Stereotyping Executive Order, OFCCP has set up a hotline to receive complaints of unlawful stereotyping. The executive order directs OFCCP to

“establish a hotline and investigate complaints received under both this order as well as Executive Order 11246. . . .

Notably, the hotline is currently active (allowing callers to leave a message or submit a complaint via specific complaint e-mail), despite the fact the EO does not become effective for federal contractors unless or until a new contract is entered into after November 21, 2020. OFCCP explains in its press release announcing the hotline that any training that violates the EO, also violates a contractor’s current obligations under EO 11246, explaining specifically that

“[w]hile the order is effective immediately, its specific requirements for Federal contractors apply only to those with Federal contracts entered into 60 days after the date of the order, or Nov. 21, 2020. However, training programs prohibited by the new Executive Order may also violate a contractor’s obligations under the existing Executive Order 11246, which prohibits discrimination based on race, color, religion, sex, sexual orientation, gender identity, national origin, and for inquiring about, discussing, or disclosing your compensation or the compensation of others.

The press release (and the hotline message) also provides information regarding how to file a complaint at OFCCP’s website.

Thus, while the EO is not effective until November 21, contractors should be aware that employees may file complaints and OFCCP can investigate violations at any time starting immediately. Given this, we suggest contractors carefully review existing training materials, and stay tuned here for further developments.