Executive Order No. 13988. Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation

• Citation: 86 FR 7023
• Published date: 25 January 2021
• FR Document: 2021-01761
• Pages: 7023-7025
• Executive Order No.: 13988
• Date: 20 January 2021
• Issuer: Executive Office of the President
• Section: Presidential Documents

Federal Register, Volume 86 Issue 14 (Monday, January 25, 2021)

[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