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On January 20, 2025, President Donald Trump revoked Executive Order (EO) 13988, which was signed by former President Joe Biden in 2021 to combat discrimination based on gender identity or sexual orientation.
Title VII of the Civil Rights Act prohibits discrimination based on sex, including gender identity and sexual orientation. Following the Supreme Court's decision in Bostock v. Clayton County, President Biden issued EO 13988, directing federal agencies to extend nondiscrimination protections to cover these areas. Consequently, the EEOC updated its Enforcement Guidance on Harassment in the Workplace to explicitly protect against harassment based on gender identity and sexual orientation.
Trump's EO cancels EO 13988's policy goals. While employer obligations under Title VII remain unchanged, federal agencies are directed to halt EO 13988's implementation. This may lead to future changes in guidance, potentially removing references to discrimination protections based on sexual orientation or gender identity.
Following Trump's EO, employers should stay updated on EEOC and federal agency guidance on Title VII and anti-discrimination laws. Until new guidance is available, employers can adhere to current EEOC guidelines. Additionally, ensure compliance with state and local laws prohibiting discrimination based on sexual orientation or gender identity. Download the bulletin for more details.