Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation, 7023-7025 [2021-01761]

Agencies

• Executive Office of the President

[Federal Register Volume 86, Number 14 (Monday, January 25, 2021)]
[Presidential Documents]
[Pages 7023-7025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01761]




                        Presidential Documents 



Federal Register / Vol. 86 , No. 14 / Monday, January 25, 2021 / 
Presidential Documents

[[Page 7023]]


                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

[[Page 7024]]

(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.

[[Page 7025]]

                    (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.

[FR Doc. 2021-01761
Filed 1-22-21; 11:15 am]
Billing code 3295-F1-P