Impact Summary: Defending Women from Gender Ideology Extremism and Restoring Biological Truth to The Federal Government

Key items in this EO include:

• Definition of Sex. The order defines “sex” as an individual’s immutable biological classification as either male or female, distinct from “gender identity.”
• Sex-Based Distinctions. Protections are emphasized for single-sex spaces, prisons, and shelters.
• Federal Guidance and Compliance. Federal agencies must align their policies with this order, revising or rescinding any language promoting gender ideology. The order also rescinds the EEOC’s April 2024 guidance, which provided broad protections for LGBTQ+ workers, including harassment protections based on sexual orientation and gender identity.
• Government-Issued Identification. Identification documents, such as passports, visas, and Global Entry cards, must reflect the holder’s biological sex. This reverses the Biden Administration’s policy that allowed for a gender-neutral “X” option on passports.
• Limiting the Scope of Bostock. The EO directs the Attorney General to issue guidance narrowing the interpretation of the Supreme Court’s ruling in Bostock v. Clayton County, which held that Title VII’s prohibition of discrimination “on the basis of sex” includes sexual orientation and gender identity.

Potential Implications/Considerations for Employers

• Update Policies on Sex-Based Distinctions
  • Reassess and update anti-harassment and Equal Employment Opportunity (EEO) policies to ensure they align with both federal law (as per Bostock) and applicable state and local regulations. Despite this court ruling, employment discrimination based on sexual orientation and gender identity remains unlawful under federal law, as established by the U.S. Supreme Court’s 2020 decision in Bostock. Under Bostock, adverse employment actions motivated by an individual’s sexual orientation or gender identity are still prohibited. Assess whether updates are necessary, particularly if your organization may face increased federal scrutiny, such as through federal funding or regulatory oversight. This may include restroom and locker room access policies; dress codes and appearance standards; policies regarding accommodations for transgender or non-binary employees.
  • Employers operating in jurisdictions with laws protecting sexual orientation and gender identity must maintain compliance with these laws, even if federal protections are narrowed. Tailored policies may be required to ensure compliance across all jurisdictions.

• Evaluate the Impact on Company Culture and Employee Relations
  • Balancing Compliance and Inclusion: Employers should ensure that compliance with the EO does not unintentionally alienate employees or undermine workplace morale (e.g., focus on non-discrimination and non-harassment; ensure employment opportunities and programs are available to all employees—no exclusions). Maintaining a culture of respect, inclusion, and fairness is essential, even as policies adapt to new legal requirements.
  • Employee Concerns: Anticipate and address employee questions or concerns about policy changes, especially from LGBTQ+ employees or allies. Provide opportunities for open dialogue while reinforcing the company’s commitment to a respectful workplace.

• Align Gender Data Tracking to EEO-1 Requirements
  • 2023 instructions included a section “Voluntary Reporting of Employee Demographic Data for Non-Binary Gender Employees” allowing employers to voluntarily report non-binary employee demographic data in the comments section of the form. For the 2024 reporting cycle, EEOC removed this section from the EEO-1 Instruction Booklet. Employers should be prepared to report all employees on their payroll as either male or female.
  • Be prepared to answer employee questions about this reporting while reinforcing non-discrimination policies internally.

• Anticipate Changes to the EEOC “Know Your Rights Poster”
  • The EEOC has commenced a review of the content of EEOC’s “Know Your Rights” poster, which all covered employers are required by law to post in their workplaces.
    
• Anticipated Changes to EEOC Guidance
  • On May 15, 2025, a Texas federal district court vacated portions of the EEOC’s May 2024 harassment guidance related to gender identity in the workplace. In response, the EEOC shaded and labeled the vacated sections on its website. An appeal is unlikely, as current agency leadership has indicated plans to align with recent executive orders favoring biologically based definitions of sex in federal policy.