Biden Administration Affirms Stance Against Gender Identity & Sexual Orientation Discrimination

In an executive order issued on his first day in office, U.S. President Joe Biden affirmed his administration’s stance against sexual orientation and gender identity discrimination.

The order promises to enforce protections so that people can access employment opportunities, schooling, housing, and healthcare without facing discrimination based on their gender identity or sexual orientation.

In his order, Biden cited equal protection of the law as provided in the Constitution, as well as Title VII of the Civil Rights Act of 1964. The latter statute was the backbone of a landmark ruling at the U.S. Supreme Court in 2020, which interpreted Title VII’s prohibition of sex discrimination to include sexual orientation and gender identity discrimination.

To enforce the prohibition of such discrimination, the Biden Administration is taking the following actions:

• Requiring each federal agency to review all existing orders, regulations, policies, and programs that were endorsed by the agency under any law that prohibits sex discrimination, including Title VII
• Requiring each federal agency to consider revising, suspending, or rescinding any action – or taking new action – that fully implement laws that prohibit sexual orientation and gender identity discrimination
• Requiring each federal agency to consider ways to combat overlapping forms of discrimination, such as that on the basis of race or disability
• Within 100 days of the order, each federal agency will develop and implement a plan that addresses these mandates

Do You Need Legal Assistance?

At Haeggquist & Eck, LLP, we’re here to represent employees who have experienced unlawful discrimination at work. California has protected LGBTQ workers against discrimination for years, but the Biden Administration’s efforts to enforce Title VII as it was interpreted by SCOTUS last summer can mean a broader level of protection.

If you believe you have experienced discrimination because of your gender identity or sexual orientation, reach out to our legal team for a free initial consultation. During this meeting, you can meet with a Haeggquist & Eck, LLP attorney, who will listen to your story. If we think we can help you with your situation, we will offer options for how you can take the next step.

To schedule your free initial consultation, contact us online or call (619) 342-8000 today!