GSA rescinds the FMR bulletin recognizing gender identity discrimination in federal buildings

Guidance/memo

Date
Actor
General Services Administration, Office of Government-wide Policy
Type
Guidance/memo
Section
SUPPLEMENT: THE GOVERNMENT-WIDE CFR 'TERMINOLOGY' RULEMAKINGS ARE ONLY PARTIALLY CAPTURED — TSA'S MAY 2025 FINAL RULE AND THE AUGUST 2026 FDA COMMENT REOPENING ARE MISSING

Summary

Publishes a Notification of Rescission withdrawing a 2016 Federal Management Regulation bulletin issued under 41 CFR part 102-74. The rescinded bulletin had concluded that the prohibitions on sex discrimination under Title VII and Title IX "also included discrimination based on gender identity and gender status," and cited EEOC decisions supporting restroom access consistent with gender identity in GSA-controlled federal facilities. The rescission cites E.O. 14168. No replacement guidance is issued; the effect is to remove the government-wide interpretive basis for gender-identity-consistent facility access in federal buildings.

Status

In effect since May 9, 2025. No notice and comment was used. (See also section 6; section 8.)

As recorded in the data of . Check the sources for anything newer.

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