On January 20, 2025, an Executive Order (Order #14168) was issued directing the federal government to recognize only two sexes: male and female. How does this affect your workplace? It has lead to major shifts in how the Equal Employment Opportunity Commission handles claims of gender identity discrimination. 

For example, the Executive Order mandates that the government recognize only male and female as fixed, biological sexes, conflicting with the EEOC’s past stance that gender identity is protected under Title VII of the Civil Rights Act. It also explicitly states that “sex” does not include “gender identity,” which conflicts with previous EEOC guidance that protected gender nonconforming and transgender employees. 

Does that mean that your LGBT workers are not protected and you can treat them differently? NO…While the EEOC may not pursue certain cases, employees can still file discrimination charges and private lawsuits. Maintaining non-discrimination policies protecting LGBT workers and conducting regular training remains critical. Many states and localities (New Jersey and New York City especially) have laws that provide stronger protections than federal law, so employers must remain compliant at all levels. 

Finally, an inclusive workplace fosters morale and productivity, regardless of federal policy shifts. If you have questions about these issues or related issues feel free to contact us at 201-569-5959.