ExecutiveOrdersEO
EO 13988Executive OrderBiden · D

Executive Order 13988

Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation

This executive order directs federal agencies to review and revise policies to prevent discrimination based on gender identity or sexual orientation, interpreting existing sex discrimination laws through the Supreme Court's Bostock reasoning. It requires agencies to develop implementation plans within 100 days and apply these protections across Title VII, Title IX, the Fair Housing Act, and other statutes.

Federal Register Open PDF 86 FR 7023

Impact dates

  1. Agency heads develop plans to carry out identified actions

Key directives

  • Agency heads must review all existing orders, regulations, guidance, policies, and programs under sex discrimination statutes for inconsistency with policy
  • Agency heads must consider revising, suspending, or rescinding inconsistent actions and promulgating new actions
  • Agency heads must consider additional actions to fully implement policy
  • Agencies must account for and combat overlapping forms of discrimination (race, disability)
  • Within 100 days of signing, agency heads must develop implementation plans in consultation with Attorney General

Who is ordered

Timeline

Immediate

  • Policy declaration takes effect
  • Agency heads directed to begin reviewing existing actions 'as soon as practicable'

Near term (90d)

  • Agency plans due within 100 days for implementing policy changes
  • Agency review of inconsistent regulations and guidance ongoing

Long term

  • Potential revision, suspension, or rescission of agency regulations
  • New agency actions to be promulgated through APA process
  • Ongoing enforcement of expanded anti-discrimination interpretations

Risks & tensions

  • APA compliance required for regulatory changes, creating procedural delays and potential litigation
  • 'As soon as practicable' language creates uncertainty in enforcement timing
  • Explicit disclaimer that EO creates no enforceable rights may limit private litigation
  • Subject to appropriations limitation may constrain implementation resources
  • Overlapping discrimination focus adds complexity to agency compliance
  • Exclusion of independent regulatory agencies reduces scope of coverage
Executive Order 13988: Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation · Executive Orders