On January 20, 2025, President Trump issued Executive Order 14168 titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” Among several other provisions, the Executive Order instructed federal agencies and federal employees to:
- “Enforce laws concerning sex-based rights, protections, opportunities, and accommodations to protect men and women as biologically distinct sexes.”
- “Remove all statements, policies, regulations, forms, communications, or other internal and external messages that promote or otherwise inculcate gender ideology, and shall cease issuing such statements, policies, regulations, forms, communications, or other messages.”
- “Take all necessary steps, as permitted by law, to end the Federal funding of gender ideology.”
- Ensure “federal funds shall not be used to promote gender ideology. Each agency shall assess grant conditions and grantee preferences and ensure grant funds do not promote gender ideology.”
On January 28, 2025, the Equal Employment Opportunity Commission (“EEOC”) published a press release in response to the Executive Order. The press release announced the agency’s commitment to “its mission of protecting women from sexual harassment and sex-based discrimination in the workplace.” The EEOC has taken several actions to enforce the Executive Order. For example, the EEOC is currently reviewing its “Know Your Rights” poster, which covered employers are legally required to post in the workplace. If the poster is updated, employers may have to replace their existing poster. Additionally, the EEOC has modified its charge of discrimination form to remove certain gender markers and has removed internal and external materials promoting gender ideology. These materials include websites and documents, including webpages, statements, social media platforms, forms, and trainings.
While the Executive Order does not directly impact private sector employers and employees, some of the effects are trickling down, such as the removal of public materials and potential changes to the Know Your Right Poster. Even though the EEOC is moving to enforce the Executive Order, the agency cannot immediately rescind or alter current harassment guidance that is inconsistent with the Executive Order. Although this guidance is not set to change in the near future, EEOC Acting Chair Andrea Lucas has stated her opposition to any guidance that contradicts the Executive Order.
For the time being, private sector employers should continue operating their business as usual. Bricker Graydon’s Labor & Employment team is continually monitoring the evolving landscape and will update you with any developments. Our team is here to answer any questions you may have in the meantime.
