Under Secretary of Defense (P&R) issues implementation memorandum to all DoD civilian employees (the "Selnick Memorandum")

Guidance/memoDOD

Date
Actor
Darin S. Selnick, performing the duties of Under Secretary of Defense for Personnel and Readiness
Agency
Department of Defense (DOD)
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 addressed to all Department of Defense civilian employees, titled "Department of Defense Implementation of Executive Order 14168, 'Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.'" It cites both EO 14168 and the January 29, 2025 OPM memorandum and states that the "Department of Defense will take prompt action to ensure that all programs and activities align with [the] principles" of the executive order. Because it is addressed to the civilian workforce rather than to commands, it is the instrument by which DoD civilian employees — the population from which the Withrow class is drawn — received direct notice of the facilities mandate. It supplies no reasoned justification for the policy change.

Status

In effect. Pleaded as an Agency Implementation Action in Withrow; no separate injunction. The DCPAS posting is no longer reachable at the cited path; the memorandum is described and cited in the Withrow complaint and the EEO class complaint.

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Related litigation

Sources

Cite this action

Memorandum from Darin S. Selnick, Performing the Duties of the Under Sec'y of Def. for Pers. & Readiness, U.S. Dep't of Def., to All Dep't of Def. Civilian Employees, Department of Defense Implementation of Executive Order 14168, "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government" (Jan. 31, 2025), https://www.dcpas.osd.mil/sites/default/files/2025-02/department_of_defense_implementation_of_eo_14168-_defending_women_from_gender_ideology_extremism_and_restoring_biological_truth_to_the_federal_government.pdf.

Short form: Memorandum from Darin S. Selnick, Performing the Duties of the Under Sec'y of Def. for Pers. & Readiness, U.S. Dep't of Def., to All Dep't of Def. Civilian Employees, Department of Defense Implementation of Executive Order 14168, "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government" (Jan. 31, 2025), https://www.dcpas.osd.mil/sites/default/files/2025-02/department_of_defense_implementation_of_eo_14168-_defending_women_from_gender_ideology_extremism_and_restoring_biological_truth_to_the_federal_government.pdf.