GSA rescinds the 2016 Federal Management Regulation bulletin guaranteeing restroom access by gender identity in GSA-controlled buildings

Final rule

Date
Actor
U.S. General Services Administration
Type
Final rule
Section
SUPPLEMENT: THE FEDERAL-WORKPLACE RESTROOM AND SINGLE-SEX-FACILITIES BAN: OPERATIVE DIRECTIVES AND THE WITHROW CLASS ACTION ARE BOTH MISSING

Summary

GSA published a rescission of its Federal Management Regulation bulletin "Nondiscrimination Clarification in the Federal Workplace," 90 Fed. Reg. 19658 (May 9, 2025), Document No. 2025-08129, expressly "based on E.O. 14168." The rescinded 2016 bulletin (81 Fed. Reg. 55148 (Aug. 18, 2016), corrected at 81 Fed. Reg. 63134 (Sept. 14, 2016)) had held that the prohibition on sex discrimination in the Federal Management Regulation, 41 C.F.R. § 102-74.445, "also prohibits discrimination due to gender identity, which includes discrimination based on an individual's transgender status," and had required that "[f]ederal agencies occupying space under the jurisdiction, custody, or control of GSA must allow individuals to use restroom facilities and related areas consistent with their gender identity," while barring agencies from restricting "only transgender individuals to only use single-occupancy restrooms." Because GSA manages federal real property government-wide, the rescission removed the facilities-side protection for transgender employees in every GSA-controlled building, independent of any individual agency's personnel policy.

Status

In effect. Challenged as a final agency action that is arbitrary, capricious, and contrary to law in Counts II–III of Withrow, which seeks vacatur; not enjoined or vacated. (See also section 8.)

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