Presidential Documents

Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents 7023 

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. 

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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7024 Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents 

(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 

(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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Federal Register / Vol. 86, No. 14 / Monday, January 25, 2021 / Presidential Documents 7025 

(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] 

Billing code 3295–F1–P 


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