Prohibited personnel practices

(a) In general Section 2302(b) of title 5, United States Code, is amended— (1) in paragraph (13)(B), by striking or at the end; (2) in paragraph (14), by striking the period at the end and inserting; or; and (3) by inserting after paragraph (14) the following: (15) take or fail to take, or threaten to take or fail to take, any personnel action against any employee or applicant for employment because of the failure of the employee or applicant to— (A) complete training with respect to diversity, equity, or inclusion, critical theory (relating to race, gender, or otherwise), intersectionality, sexual orientation or gender identity, or any substantially similar theory or policy; (B) complete training that asserts or requires trainees to assert that a particular race, color, ethnicity, religion, biological sex, or national origin is inherently or systemically superior or inferior, oppressive or oppressed, or privileged or unprivileged; (C) sign or assent to (which may be by executing or acknowledging) a statement, code of conduct, work program, plan, or similar device with respect to diversity, equity, and inclusion, critical theory (relating to race, gender, or otherwise), intersectionality, sexual orientation or gender identity, or any substantially similar theory or policy; (D) sign or assent to (which may be by executing or acknowledging) a statement, code of conduct, work program, plan, or similar device that asserts or requires assent by the employee or applicant that a particular race, color, ethnicity, religion, biological sex, or national origin is inherently or systemically superior or inferior, oppressive or oppressed, or privileged or unprivileged; (E) take any other action that would require the treatment of any individual advantageously or disadvantageously on the basis of that individual’s race, color, ethnicity, religion, biological sex, or national origin; or (F) limit, segregate, or classify employees or applicants for employment in any way that would deprive or tend to deprive any individual of an employment opportunity, or otherwise adversely affect the status of the individual as an employee, because of the race, color, ethnicity, religion, biological sex, or national origin of the individual.. (b) Performance appraisal systems Section 4302 of title 5, United States Code, is amended by adding at the end the following: (e) A performance appraisal system may not adversely evaluate an employee for the failure of the employee to— (1) complete training with respect to diversity, equity, or inclusion, critical theory (relating to race, gender, or otherwise), intersectionality, sexual orientation or gender identity, or any substantially similar theory or policy; (2) complete training that asserts or requires trainees to assert that a particular race, color, ethnicity, religion, biological sex, or national origin is inherently or systemically superior or inferior, oppressive or oppressed, or privileged or unprivileged; (3) sign or assent to (which may be by executing or acknowledging) a statement, code of conduct, work program, plan, or similar device with respect to diversity, equity, and inclusion, critical theory (relating to race, gender, or otherwise), intersectionality, sexual orientation or gender identity, or any substantially similar theory or policy; (4) sign or assent to (which may be by executing or acknowledging) a statement, code of conduct, work program, plan, or similar device that asserts or requires assent by the employee that a particular race, color, ethnicity, religion, biological sex, or national origin is inherently or systemically superior or inferior, oppressive or oppressed, or privileged or unprivileged; (5) take any other action that would require the treatment of any individual advantageously or disadvantageously on the basis of that individual’s race, color, ethnicity, religion, biological sex, or national origin; or (6) limit, segregate, or classify employees or applicants for employment in any way that would deprive or tend to deprive any individual of an employment opportunity, or otherwise adversely affect the status of the individual as an employee, because of the race, color, ethnicity, religion, biological sex, or national origin of the individual.. (c) SES performance appraisal systems Section 4312 of title 5, United States Code, is amended by adding at the end the following: (e) A performance appraisal system may not adversely evaluate a senior executive for the failure of the senior executive to— (1) complete training with respect to diversity, equity, or inclusion, critical theory (relating to race, gender, or otherwise), intersectionality, sexual orientation or gender identity, or any substantially similar theory or policy; (2) complete training that asserts or requires trainees to assert that a particular race, color, ethnicity, religion, biological sex, or national origin is inherently or systemically superior or inferior, oppressive or oppressed, or privileged or unprivileged; (3) sign or assent to (which may be by executing or acknowledging) a statement, code of conduct, work program, plan, or similar device with respect to diversity, equity, and inclusion, critical theory (relating to race, gender, or otherwise), intersectionality, sexual orientation or gender identity, or any substantially similar theory or policy; (4) sign or assent to (which may be by executing or acknowledging) a statement, code of conduct, work program, plan, or similar device that asserts or requires assent by the senior executive that a particular race, color, ethnicity, religion, biological sex, or national origin is inherently or systemically superior or inferior, oppressive or oppressed, or privileged or unprivileged; (5) take any other action that would require the treatment of any individual advantageously or disadvantageously on the basis of that individual’s race, color, ethnicity, religion, biological sex, or national origin; or (6) limit, segregate, or classify employees or applicants for employment in any way that would deprive or tend to deprive any individual of an employment opportunity, or otherwise adversely affect the status of the individual as an employee, because of the race, color, ethnicity, religion, biological sex, or national origin of the individual..