Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government
January 20, 2025
Executive Order Summary: Defending Women From Gender Ideology Extremism
- Purpose: Addressing the impact of gender ideology on women’s rights and safety; affirming the biological definition of sex.
- Policy and Definitions: Establishes two immutable biological sexes (male and female); clarifies terminology related to sex and gender.
- Implementation:
- Agencies to enforce sex-based rights and protections.
- Federal IDs to reflect biological sex; no promotion of gender ideology in policies.
- Review and amend previous regulations inconsistent with this order.
- Privacy in Intimate Spaces: Males to be housed in male facilities; ensure female-only spaces are maintained.
- Protecting Rights: Guidance for freedom of sex expression and single-sex spaces in workplaces and federally funded entities.
- Rescission of Previous Orders: Revokes earlier executive orders and guidance promoting gender identity over biological sex.
- Reporting Requirements: Agencies to provide implementation updates within 120 days.
- General Provisions: Maintains executive authority and plans for compliance with law.
Risks and Considerations
- Impact on Diversity, Equity, and Inclusion (DEI) Initiatives: The Executive Order rescinds previous policies supporting gender identity protections, potentially affecting DEI programs within organizations working with federal agencies.
- Compliance and Contracting Risks: Government contractors may be required to update workplace policies and employee training in accordance with the new federal definitions of sex and gender, leading to legal and administrative challenges.
- Potential Disruptions in Government Partnerships: Federal agencies revising policies on gender identity could lead to shifts in grant funding, contracts, and regulatory expectations, impacting consulting engagements with government clients.
- Reputational Considerations: Given the divisive nature of gender identity policies, organizations involved in leadership and workplace change consulting may face scrutiny from stakeholders advocating for corporate inclusivity.
- Legal Uncertainty and Future Litigation: The Order’s reversal of prior interpretations linked to Supreme Court rulings may lead to legal disputes, creating further complications for organizations navigating federal workplace regulations.
Business Implications
The Clearing must assess how this policy shift will impact federal clients and their internal DEI and workplace policies. Advising on compliance, operational adjustments, and stakeholder communication will be critical. Organizations may also need assistance in navigating potential backlash or addressing concerns about inclusivity while maintaining compliance with federal directives.
Relevance Score: 4
Key Actions:
- Monitor federal agency policy changes related to sex-based definitions and employment regulations to assess potential impacts on clients in government and private sectors.
- Advise government agencies and federally funded organizations on compliance with new regulations regarding gender-related policies, documentation, and reporting requirements.
- Evaluate impacts on workplace culture, diversity, and inclusivity initiatives for affected organizations; assist in redesigning policies to align with the executive order while maintaining organizational cohesion.
- Support leadership development efforts in navigating organizational change resulting from agency guidance shifts on gender and sex-based distinctions.
- Assist educational and federally funded institutions in adapting to revised Title IX interpretations and policy requirements.
- Provide guidance on potential legal risks and compliance strategies for organizations that may be affected by the rescission of prior gender-related federal policies.
Relevance Score: 4
Timeline for Implementation
Multiple deadlines:
- 30 days – HHS to provide public guidance on sex-based definitions; Attorney General to issue legal guidance correcting Bostock v. Clayton County interpretation; Assistant to the President for Legislative Affairs to propose bill text codifying definitions.
- 120 days – Each agency must submit an update on compliance and policy changes to the President via OMB.
Relevance Score: 4
Impacted Government Organizations:
- Department of Health and Human Services (HHS)
- Department of State (DOS)
- Department of Homeland Security (DHS)
- Department of Justice (DOJ)
- Department of Housing and Urban Development (HUD)
- Department of Education (ED)
- Equal Employment Opportunity Commission (EEOC)
- Office of Personnel Management (OPM)
- Bureau of Prisons (BOP)
- Office of Management and Budget (OMB)
Relevance Score: 3
Responsible Officials
- Secretary of Health and Human Services – Issuing guidance on sex-based definitions.
- Secretaries of State and Homeland Security – Updating government-issued identification documents.
- Director of the Office of Personnel Management – Ensuring personnel records align with the order’s definitions.
- Attorney General – Issuing legal guidance, revising policies on detention and medical care, and prioritizing litigation to enforce sex-based rights.
- Secretary of Housing and Urban Development – Proposing rule changes for single-sex shelters.
- Secretary of Labor – Enforcing workplace protections related to sex-based definitions.
- Chair of the Equal Employment Opportunity Commission – Investigating and enforcing policies aligned with the order.
- Assistant to the President for Legislative Affairs – Drafting proposed legislation to codify definitions.
- Director of the Office of Management and Budget – Overseeing agency compliance and reporting.
Relevance Score: 5 (Impacts multiple Cabinet-level officials and federal agencies, significantly influencing government policy and legal enforcement).