Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation
The order directs every federal agency to review its existing regulations, guidance, and policies under sex-discrimination laws and revise or rescind any that are inconsistent with a new administration policy that gender identity and sexual orientation are protected under those laws.
It puts the weight of the executive branch behind the Supreme Court's 2020 Bostock ruling and signals that Title VII, Title IX, the Fair Housing Act, and other statutes will be enforced to protect LGBTQ+ individuals, with agencies required to develop formal implementation plans within 100 days.
What this order does
What it orders
The order directs the head of every executive-branch agency to review all existing orders, regulations, guidance documents, policies, and programs administered under Title VII or any other sex-discrimination statute to identify those that are or may be inconsistent with a stated administration policy: that laws prohibiting sex discrimination also prohibit discrimination on the basis of gender identity and sexual orientation, in line with the Supreme Court's Bostock v. Clayton County decision. Agency heads must then consider whether to revise, suspend, rescind, or replace those agency actions, and must also consider additional steps to fully implement the policy. Agencies undertaking changes must account for overlapping forms of discrimination, such as discrimination based on race or disability.
Within 100 days, each agency head must develop a written plan, prepared in consultation with the Attorney General as appropriate, detailing the actions the agency has identified and intends to take. The order does not itself rewrite any regulation; all actual regulatory changes must go through applicable law, including the Administrative Procedure Act's notice-and-comment rulemaking process. Independent regulatory agencies are excluded from the order's scope.
Who it affects
All executive-branch federal agencies and their heads, who must conduct reviews and develop action plans. More broadly, LGBTQ+ individuals who interact with the federal government as employees, housing applicants, students receiving federal funds, or beneficiaries of federal programs.
Why it matters
Federal agencies will be required to bring their rules and enforcement posture into alignment with protections for gender identity and sexual orientation, potentially reshaping workplace, housing, education, and healthcare anti-discrimination enforcement for millions of people. Actual regulatory changes still require separate rulemaking.
What must happen and when
How the order is supposed to work
Each agency head independently reviews its own regulatory portfolio and identifies inconsistent actions; the Attorney General is available for consultation throughout. Agencies then consider revisions and draft a 100-day plan. Because actual rule changes must comply with the Administrative Procedure Act, they require notice, public comment, and a final rule — meaning real-world impact unfolds over months or years of rulemaking, not immediately upon signing. The order includes a standard severability clause and explicitly creates no privately enforceable rights.
Actions and deadlines
- Review all existing agency actions under Title VII and other sex-discrimination statutes for inconsistency with the new policy
- Consider revising, suspending, rescinding, or replacing inconsistent agency actions through applicable legal processes
- Consider additional steps to fully implement the non-discrimination policy, accounting for overlapping forms of discrimination
- Develop a formal plan, in consultation with the Attorney General, detailing identified and intended agency actions