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

This executive order amends federal equal employment policy to prohibit discrimination based on 'status as a parent' in addition to existing protections for race, color, religion, sex, national origin, disability, age, and sexual orientation. It defines 'status as a parent' broadly to include biological, adoptive, foster, step-parents, legal custodians, those in loco parentis, and those actively seeking custody or adoption.

Federal Register Open PDF 65 FR 26115

Key directives

Amend EO 11478 to add 'status as a parent' as prohibited discrimination basis
Define 'status as a parent' across seven categories including active custody/adoption seekers
Authorize OPM to develop guidance on sexual orientation and parental status protections
Add non-enforceability disclaimer (Section 11)

Who is ordered

Director of the Office of Personnel Management · OPM

Timeline

Immediate

Prohibition on parental status discrimination takes effect upon signing
OPM authorized to develop guidance

Near term (90d)

OPM guidance development expected

Long term

Structural expansion of federal EEO protections
Potential model for state/private sector policies

Risks & tensions

Non-enforceability clause (Section 11) limits private right of action—remedial mechanism unclear
No explicit deadline for OPM guidance development
Definition ambiguity: 'actively seeking legal custody or adoption' may create implementation disputes
Vague whether OPM guidance is mandatory or discretionary ('authorized to develop')