Posted on February 15, 2021


In the Bostock case, the US Supreme Court affirmed that Title VII’s protection against sex discrimination also includes sexual orientation or gender identity (see this article). The Biden administration has issued an Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation, Executive Order No. 13988, which reaffirms the Bostock Supreme Court decision, and extends its protections to all federal laws that prohibit discrimination based on sex, including laws addressing employment, housing, education, immigration and health care. Employers should review existing policies, protocols and training they provide to be sure they comply with these expanded non-discrimination requirements.