Executive Order Recognizes Only Two Sexes, Tells Agencies to Rescind Nonconforming Guidance

February 3, 2025

 

What's New

On his first day in office, President Trump signed Executive Order (E.O.) 14168 to establish the federal government’s position that there are two sexes, male and female, that are not changeable.

The E.O. defines “female” as “a person belonging, at conception, to the sex that produces the large reproductive cell” and defines “male” as “a person belonging, at conception, to the sex that produces the small reproductive cell.”

The E.O. also directs federal agencies to use these definitions when interpreting or applying laws and regulations to enforce laws governing sex-based rights, protections, opportunities, and accommodations. Agency forms that require an individual to list their sex must list “male” or “female” and shall not request gender identity. The order directs agencies to rescind all guidance documents, or parts of guidance documents, that are inconsistent with the new E.O.

What It Means

The new E.O. directly challenges policies implemented in previous administrations—such as the EEOC’s guidance addressing sexual orientation and gender identity matters that exceeded the four corners of the Supreme Court’s 2020 decision in Bostock v. Clayton County.

The new E.O. invites questions as to how the EEOC will address employer reporting of EEO-1 data for individuals who do not identify as male or female.

What You Should Do

CWC members can discuss this policy change, and its likely impact on workplace compliance obligations, at one of our regular Conversation Corners or at our upcoming Workplace Policy Conference.





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