Today, part the last of our series on the Trump Administration’s September 22, 2020 Executive Order on Combating Race and Sex Stereotyping (find the official White House version of this executive order here). We race through the concluding sections, noting the final problematic statements therein.
Sec. 8. Title VII Guidance. The Attorney General should continue to assess the extent to which workplace training that teaches the divisive concepts set forth in section 2(a) of this order may contribute to a hostile work environment and give rise to potential liability under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. If appropriate, the Attorney General and the Equal Employment Opportunity Commission shall issue publicly available guidance to assist employers in better promoting diversity and inclusive workplaces consistent with Title VII.
–More of the same here; the noble Civil Rights Act of 1964 is perverted to support anti-diversity training and the debarment (see Sec. 7(b)) of contractors who provide real diversity training.
Let’s hit the final section for an ill closure:
Sec. 10. General Provisions. (a) This order does not prevent agencies, the United States Uniformed Services, or contractors from promoting racial, cultural, or ethnic diversity or inclusiveness, provided such efforts are consistent with the requirements of this order.
b) Nothing in this order shall be construed to prohibit discussing, as part of a larger course of academic instruction, the divisive concepts listed in section 2(a) of this order in an objective manner and without endorsement.
(c) If any provision of this order, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this order and the application of its provisions to any other persons or circumstances shall not be affected thereby.
(f) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
DONALD J. TRUMP
THE WHITE HOUSE,
September 22, 2020.
–One might laugh aloud if it weren’t for the sheer malice and evil intention of this final section. Subsection a represents a terrible perfection of perversity, saying this order purporting to describe diversity training does not prevent any entity from providing diversity training. It’s so clear that the Order precisely does prevent all agencies from promoting diversity and inclusion that the authors are either subconsciously driven to defend themselves or just enjoying their terrible power. Subsection b follows the same. Subsection c is a logical fallacy, and Subsection d is, we hope, boilerplate text, and not something assembled for this particular and particularly anti-democratic Order.
This Order may well be rescinded by the incoming Biden Administration, but that is cold comfort. The wedge has been driven into our democracy from the top down by a small number of people who are all too happy to destroy our democratic traditions. They are easily split from democracy. Let’s hope that as the wedge goes down into the full population, we find that Americans as a whole will resist the fracture.