The Trump Administration is opposed to gender identity and issued Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” which states that gender identity is “disconnected from biological reality” and directs federal agencies to take actions including investigations and litigation in furtherance of this Executive Order. Employers could be impacted most directly through enforcement actions undertaken by the Equal Employment Opportunity Commission (EEOC), the Department of Justice and other agencies. It is important to remember that the Executive Order may change enforcement priorities of federal agencies, it does not change the law as set forth in Title VII of the Civil Rights Act of 1964 and as most recently interpreted by the United States Supreme Court in 2020 in Bostock v. Clayton County.
Title VII of the Civil Rights Act of 1964
Title VII of the Civil Rights Act of 1964 states that it is “unlawful . . . for an employer to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.”
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