Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation

Executive Order 13988 of January 20, 2021

Preventing and Combating Discrimination on the
Basis of Gender Identity or Sexual Orientation

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:

Section 1. Policy. Every person should be treated with
respect and dignity and should be able to live without
fear, no matter who they are or whom they love.
Children should be able to learn without worrying about
whether they will be denied access to the restroom, the
locker room, or school sports. Adults should be able to
earn a living and pursue a vocation knowing that they
will not be fired, demoted, or mistreated because of
whom they go home to or because how they dress does not
conform to sex-based stereotypes. People should be able
to access healthcare and secure a roof over their heads
without being subjected to sex discrimination. All
persons should receive equal treatment under the law,
no matter their gender identity or sexual orientation.

These principles are reflected in the Constitution,
which promises equal protection of the laws. These
principles are also enshrined in our Nation's anti-
discrimination laws, among them Title VII of the Civil
Rights Act of 1964, as amended (42 U.S.C. 2000e et
seq.). In Bostock v. Clayton County, 590 U.S._(2020),
the Supreme Court held that Title VII's prohibition on
discrimination “because of . . . sex” covers
discrimination on the basis of gender identity and
sexual orientation. Under Bostock's reasoning, laws
that prohibit sex discrimination--including Title IX of
the Education Amendments of 1972, as amended (20 U.S.C.
1681 et seq.), the Fair Housing Act, as amended (42
U.S.C. 3601 et seq.), and section 412 of the
Immigration and Nationality Act, as amended (8 U.S.C.
1522), along with their respective implementing
regulations--prohibit discrimination on the basis of
gender identity or sexual orientation, so long as the
laws do not contain sufficient indications to the
contrary.

Discrimination on the basis of gender identity or
sexual orientation manifests differently for different
individuals, and it often overlaps with other forms of
prohibited discrimination, including discrimination on
the basis of race or disability. For example,
transgender Black Americans face unconscionably high
levels of workplace discrimination, homelessness, and
violence, including fatal violence.

It is the policy of my Administration to prevent and
combat discrimination on the basis of gender identity
or sexual orientation, and to fully enforce Title VII
and other laws that prohibit discrimination on the
basis of gender identity or sexual orientation. It is
also the policy of my Administration to address
overlapping forms of discrimination.

Sec. 2. Enforcing Prohibitions on Sex Discrimination on
the Basis of Gender Identity or Sexual Orientation. (a)
The head of each agency shall, as soon as practicable
and in consultation with the Attorney General, as
appropriate, review all existing orders, regulations,
guidance documents, policies, programs, or other agency
actions (“agency actions”) that:

(i) were promulgated or are administered by the agency under Title VII or
any other statute or regulation that prohibits sex discrimination,
including any that relate to the agency's own compliance with such statutes
or regulations; and

(ii) are or may be inconsistent with the policy set forth in section 1 of
this order.

    (b) The head of each agency shall, as soon as
practicable and as appropriate and consistent with
applicable law, including the Administrative Procedure
Act (5 U.S.C. 551 et seq.), consider whether to revise,
suspend, or rescind such agency actions, or promulgate
new agency actions, as necessary to fully implement
statutes that prohibit sex discrimination and the
policy set forth in section 1 of this order.
    (c) The head of each agency shall, as soon as
practicable, also consider whether there are additional
actions that the agency should take to ensure that it
is fully implementing the policy set forth in section 1
of this order. If an agency takes an action described
in this subsection or subsection (b) of this section,
it shall seek to ensure that it is accounting for, and
taking appropriate steps to combat, overlapping forms
of discrimination, such as discrimination on the basis
of race or disability.
    (d) Within 100 days of the date of this order, the
head of each agency shall develop, in consultation with
the Attorney General, as appropriate, a plan to carry
out actions that the agency has identified pursuant to
subsections (b) and (c) of this section, as appropriate
and consistent with applicable law.

Sec. 3. Definition. “Agency” means any authority of
the United States that is an “agency” under 44 U.S.C.
3502(1), other than those considered to be independent
regulatory agencies, as defined in 44 U.S.C. 3502(5).

Sec. 4. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:

(i) the authority granted by law to an executive department or agency, or
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.

    (b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.

    (c) 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.

    (Presidential Sig.)

THE WHITE HOUSE,

    January 20, 2021.