Executive Order 13988

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

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Presidential Documents

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.l(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.

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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

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(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

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(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.

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(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.

THE WHITE HOUSE,
January 20, 2021.
[FR Doc. 2021–01761
Filed 1–22–21; 11:15 am]

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