President Issues Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation

On January 20, 2021, President Biden issued an Executive Order to prevent and combat discrimination on the basis of gender identity or sexual orientation.

Among other things, the President stated that people should be able to “secure a roof over their heads without being subjected to sex discrimination.”  The President referenced the holding of Bostock v. Clayton County, 590 U.S. ___ (2020), where the Supreme Court held that Title VII’s prohibition on discrimination because of sex covers discrimination on the basis of gender identity and sexual orientation, and suggested it extends to other federal laws, such as the Fair Housing Act, “so long as the laws do not contain sufficient indications to the contrary.”

The order requires the head of each federal agency to review and revise its existing orders, regulations, guidance documents, policies, programs, or other agency actions to develop a plan to implement the policies set forth in the Executive Order by April 30, 2021.