Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation
Jan 25, 2021
Signed by: Joe Biden
Signed on: Jan 20, 2021
Published on: Jan 25, 2021
Jan 25, 2021
Signed by: Joe Biden
Signed on: Jan 20, 2021
Published on: Jan 25, 2021
Summary
Makes sure federal laws that stop sex discrimination also protect people based on their gender identity or sexual orientation.
What problem does this solve?
People were being treated unfairly at school, work, and in housing because of their gender identity or sexual orientation. This order directs all federal agencies to review their rules and make sure they protect people from this type of unfairness, based on a Supreme Court decision.
What does this order do?
Establishes broad anti-discrimination policy
Sets a formal policy for the entire federal government to prevent and fight against discrimination based on a person's gender identity or sexual orientation.
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Section:
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Enforcing prohibitions on sex discrimination on the basis of gender identity or sexual orientation
Requires all federal agencies to review their rules
Orders the head of every federal agency to look at all their current rules and policies to find any that might conflict with the policy of protecting against this type of discrimination.
Applies Supreme Court ruling to existing laws
Clarifies that the Supreme Court's ruling in Bostock v. Clayton County means that existing laws against sex discrimination, like Title IX and the Fair Housing Act, also protect people from discrimination based on gender identity and sexual orientation.
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Text:
Section:
Header:
Enforcing prohibitions on sex discrimination on the basis of gender identity or sexual orientation
Mandates agency action plans
Requires every agency to create a plan within 100 days to fix any discriminatory rules and fully put the new policy into practice.
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Text:
Section:
Header:
Enforcing prohibitions on sex discrimination on the basis of gender identity or sexual orientation
Addresses overlapping forms of discrimination
Recognizes that discrimination often overlaps with other forms, such as on the basis of race or disability, and directs agencies to address these combined issues.
Who does this affect?
- LGBTQ+ individuals
- Federal government agencies
- Employers, schools, and housing providers
What is the real world impact?
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Aligns federal policy with a Supreme Court ruling
Ensures that all federal agencies apply the Supreme Court's decision in Bostock v. Clayton County, which found that discrimination based on gender identity or sexual orientation is a form of sex discrimination.
When does this start?
This order takes effect immediately and sets deadlines for federal agencies to create action plans.
Reference
Text:
Section:
Header:
Enforcing prohibitions on sex discrimination on the basis of gender identity or sexual orientation
Agency action plan deadline
Within 100 days of January 20, 2021, the head of each agency must develop a plan to carry out actions that align with this order's policy.

