Executive Order 14168 sec. 4(d) directs that federal "intimate spaces" be designated by sex, and sec. 3(f) orders corrective Bostock guidance

Executive orderEOP

Date
Actor
President Donald J. Trump / The White House
Agency
Executive Office of the President (EOP)
Type
Executive order
Section
SUPPLEMENT: THE FEDERAL-WORKPLACE RESTROOM AND SINGLE-SEX-FACILITIES BAN: OPERATIVE DIRECTIVES AND THE WITHROW CLASS ACTION ARE BOTH MISSING

Summary

Section 4(d) of EO 14168 orders each federal agency to "effectuate this policy by taking appropriate action to ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by sex and not identity." Section 2 defines "sex" as an "immutable biological classification as either male or female" that "does not include the concept of 'gender identity,'" and defines "female" and "male" by reference to which reproductive cell a person "belong[s], at conception," to the sex that produces. Section 3(f) directs the Attorney General to "immediately issue guidance to agencies to correct the misapplication" of Bostock v. Clayton County to sex-based distinctions in agency activities; a related provision directs guidance protecting "the right to single-sex spaces in workplaces and federally funded entities covered by the Civil Rights Act of 1964." Section 7(c) directs agencies to rescind all guidance documents inconsistent with the order. This is the operative source of every directive below.

Status

In effect. Section 4(d) as applied to federal-workplace restrooms is under direct challenge in Withrow v. United States (D.D.C.) and is the stated basis for the TSA policy challenged in Mittereder (E.D. Va.). Several courts have found EO 14168 animus-based in other applications (Washington v. Trump, W.D. Wash.; Talbott v. Trump, D.D.C.; PFLAG v. Trump, D. Md.). (See also section 1.)

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Cite this action

Exec. Order No. 14,168, 90 Fed. Reg. 8615 (Jan. 30, 2025).

Short form: Exec. Order No. 14,168, 90 Fed. Reg. at 8615.