Justice Department issues the EO 14168 sec. 3(f) guidance narrowing Bostock and withdrawing prior single-sex-space memoranda
- Date
- Actor
- Acting Associate Attorney General, U.S. Department of Justice (memorandum to the Civil Rights Division)
- Agency
- Department of Justice (DOJ)
- Type
- Guidance/memo
Summary
A one-page memorandum issued under Section 3(f) of EO 14168. It states that "the Supreme Court's holding in Bostock applied to discriminatory employment decisions under Title VII" and that "it is the position of the Department of Justice that Bostock's holding does not mandate gender identity-based access to single-sex spaces or athletics, nor does it impair Congress's guarantee to women of equal opportunity under Title IX." Pursuant to Section 7(c) of the executive order it withdraws the Civil Rights Division's March 26, 2021 memorandum "Application of Bostock v. Clayton to Title IX of the Education Amendments of 1972," and also withdraws the March 10, 2022 memorandum of Assistant Attorney General Kristen Clarke on Bostock's application to the nondiscrimination provisions of the Safe Streets Act, the Juvenile Justice and Delinquency Prevention Act, the Victims of Crime Act, and the Violence Against Women Act. The memorandum states that "[t]he Department intends to issue further, more detailed guidance on this issue."
Status
In effect. This is the operative Attorney General guidance directed by EO 14168 sec. 3(f); the further "more detailed guidance" it promised on single-sex spaces in Title VII-covered workplaces could not be located and is listed under Unverified leads below. The memorandum's legal position was substantially ratified within the executive branch by the EEOC's February 26, 2026 federal-sector decision. (See also section 3.)
As recorded in the data of . Check the sources for anything newer.