Further Amendment to Executive Order 11478, Equal Employment Opportunity in the Federal Government

This executive order amends Executive Order 11478 to prohibit discrimination based on sexual orientation in federal employment, adding 'sexual orientation' to the existing protected categories of race, color, religion, sex, national origin, handicap, and age. The order also adds a qualifier 'to the extent permitted by law' to the policy's application.

Federal Register Open PDF 63 FR 30097

Key directives

Amend EO 11478 Section 1 first sentence to add 'sexual orientation' as protected category
Amend EO 11478 Section 1 second sentence to add 'to the extent permitted by law' qualifier

Timeline

Immediate

Policy takes effect upon signing; sexual orientation added as protected class in federal EEO policy

Near term (90d)

Federal agencies must adjust EEO policies and complaint procedures to incorporate sexual orientation protections

Long term

Established enduring federal employment protection precedent; later reinforced by subsequent EOs and eventual statutory developments

Risks & tensions

'To the extent permitted by law' qualifier creates legal uncertainty—scope of protection depends on judicial and statutory interpretation, potentially limiting enforceability
Vague whether this creates private right of action or relies solely on administrative complaint mechanisms; text does not specify enforcement structure
Amendment is minimal (two sentence changes) leaving operational implementation to existing EO 11478 framework and agency discretion