OPM issues superseding guidance extending the mandate to bathrooms, locker rooms, and lactation rooms

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" titled "Updated Guidance Regarding Executive Order 14168," stating in a footnote that it "fully replaces and supersedes OPM's January 29, 2025 guidance." Item 8 of its implementation list states that agencies should already have "[e]nsured that intimate spaces (such as bathrooms, locker rooms, and lactation rooms) at Federal worksites designated for women, girls, or females (or for men, boys, or males) are designated by biological sex and not gender identity." Item 7 adds that agencies should have "[r]eviewed and revoked any and all agency personnel policies that reflected or promoted gender ideology, or else encouraged or promoted the classification of employees based on gender instead of biological sex." A footnote records that OPM's March 23, 2023 "Guidance Regarding Gender Identity and Inclusion in the Federal Workplace" is "now deleted, rescinded, and inoperative." The narrative section frames the policy as remedying a situation in which men who "identify as women" gained access to "women's workplace showers," and states that employees with "faith- and conscience-based objections to gender ideology" had been threatened with discipline. Agencies were directed to email progress reports to OPM by August 11, 2025.

Status

In effect. Together with the January 29, 2025 memorandum it constitutes the "OPM Memoranda" challenged under the APA in Withrow; plaintiff alleges it "provides no discretion to all federal departments and agencies when designating restrooms." Not enjoined or vacated. (See also sections 6 and 12.)

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

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Sources

Cite this action

Memorandum from Charles Ezell, Acting Dir., Off. of Pers. Mgmt., to Heads & Acting Heads of Departments & Agencies, Updated Guidance Regarding Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government (July 10, 2025), https://www.opm.gov/chcoc/transmittals/2025/Defending%20Women%20Guidance%20Memo%207-10-2025.pdf.

Short form: Memorandum from Charles Ezell, Acting Dir., Off. of Pers. Mgmt., to Heads & Acting Heads of Departments & Agencies, Updated Guidance Regarding Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government (July 10, 2025), https://www.opm.gov/chcoc/transmittals/2025/Defending%20Women%20Guidance%20Memo%207-10-2025.pdf.