President Biden Issues Executive Order to Combat Gender Identity and Sexual Orientation Discrimination

On January 20, 2021, President Biden signed an Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation, setting forth the Administration’s policy “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” and to “address overlapping forms of discrimination.”

The Executive Order calls on all federal agencies to review all existing orders, regulations, policies, and related actions based on Title VII’s prohibition against sex discrimination or any other law prohibiting sex discrimination.

Pursuant to the Order, all federal agencies must

• determine if any such actions are inconsistent with Bostock v. Clayton County, 590 U.S. ___ (2020), and the Administrations stated policy that discrimination based on gender identity or sexual orientation is unlawful sex discrimination;

• determine whether (a) existing actions need to be rescinded or revised and (b) any new measures are needed to align its orders, regulations, and other actions with the Administration’s policy; and

• develop, within 100 days of the Executive Order and in consultation with the Attorney General, a plan to implement the actions it has identified as necessary to effectuate the Administration’s policy