OPM orders every agency head to redesignate "intimate spaces" by biological sex within 48 hours (the "Ezell Memorandum")

Guidance/memoOPM

Date
Actor
Charles Ezell, Acting Director, U.S. Office of Personnel Management
Agency
Office of Personnel Management (OPM)
Type
Guidance/memo
Section
SUPPLEMENT: THE FEDERAL-WORKPLACE RESTROOM AND SINGLE-SEX-FACILITIES BAN: OPERATIVE DIRECTIVES AND THE WITHROW CLASS ACTION ARE BOTH MISSING

Summary

A memorandum to "Heads and Acting Heads of Departments and Agencies," issued under 5 U.S.C. § 1103(a)(1) and (a)(5), titled "Initial Guidance Regarding President Trump's Executive Order Defending Women." Paragraph 1(k) directs each agency, no later than 5:00 p.m. EST Friday, January 31, 2025, to "[e]nsure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by biological sex and not gender identity." The same 48-hour tranche requires agencies to terminate programs, contracts, and grants that "promote or inculcate gender ideology"; place on paid administrative leave employees whose position descriptions involve such work; take down outward-facing media; disable pronoun prompts in agency email systems; withdraw inconsistent directives; cancel trainings; disband employee resource groups; and revise forms to record sex and not gender. Paragraph 2 requires each agency to report all implementation steps to OPM by 12:00 p.m. EST on February 7, 2025. The memorandum offers no justification beyond citation to the executive order.

Status

Superseded in form by OPM's July 10, 2025 memorandum, which states it "fully replaces and supersedes" this guidance while reaffirming the same restroom mandate. Challenged as arbitrary and capricious and contrary to Title VII in Counts II–III of Withrow; not enjoined or vacated. (See also sections 6 and 12.)

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Cite this action

Memorandum from Charles Ezell, Acting Dir., Off. of Pers. Mgmt., to Heads & Acting Heads of Departments & Agencies, Initial Guidance Regarding President Trump's Executive Order Defending Women (Jan. 29, 2025), https://www.opm.gov/media/yvlh1r3i/opm-memo-initial-guidance-regarding-trump-executive-order-defending-women-1-29-2025-final.pdf.

Short form: Memorandum from Charles Ezell, Acting Dir., Off. of Pers. Mgmt., to Heads & Acting Heads of Departments & Agencies, Initial Guidance Regarding President Trump's Executive Order Defending Women (Jan. 29, 2025), https://www.opm.gov/media/yvlh1r3i/opm-memo-initial-guidance-regarding-trump-executive-order-defending-women-1-29-2025-final.pdf.