Rule2025-08129
Federal Management Regulation; Nondiscrimination Clarification in the Federal Workplace; Rescission
Primary source
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Published
May 9, 2025
Issuing agencies
General Services Administration
Abstract
GSA is rescinding the Federal Management Regulation (FMR) bulletin on Nondiscrimination Clarification in the Federal Workplace, which provided guidance on the interpretation of the prohibition against sex discrimination under various Federal civil rights laws. The rescission is based on E.O. 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.
Full Text
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<title>Federal Register, Volume 90 Issue 89 (Friday, May 9, 2025)</title>
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[Federal Register Volume 90, Number 89 (Friday, May 9, 2025)]
[Rules and Regulations]
[Pages 19658-19659]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-08129]
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GENERAL SERVICES ADMINISTRATION
41 CFR Part 102-74
[Notice-MA-2025-17; Docket No. 2025-0002; Sequence No.15]
Federal Management Regulation; Nondiscrimination Clarification in
the Federal Workplace; Rescission
AGENCY: Office of Government-wide Policy (OGP); General Services
Administration, (GSA).
ACTION: Notification of Rescission.
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SUMMARY: GSA is rescinding the Federal Management Regulation (FMR)
bulletin on Nondiscrimination Clarification in the Federal Workplace,
which provided guidance on the interpretation of the prohibition
against sex discrimination under various Federal civil rights laws. The
rescission is based on E.O. 14168, Defending Women from Gender Ideology
Extremism and Restoring Biological Truth to the Federal Government.
[[Page 19659]]
DATES: Applicability: May 9, 2025.
FOR FURTHER INFORMATION CONTACT: For clarification of content or
information regarding a request for a delegation of authority, please
contact Aluanda R. Drain, Associate Administrator, Office of Civil
Rights, 202-501-0767, or by email at <a href="/cdn-cgi/l/email-protection#92f3fee7f3fcf6f3bcf6e0f3fbfcd2f5e1f3bcf5fde4"><span class="__cf_email__" data-cfemail="83e2eff6e2ede7e2ade7f1e2eaedc3e4f0e2ade4ecf5">[email protected]</span></a>. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat Division at 202-501-4755 or <a href="/cdn-cgi/l/email-protection#064155475463615563654661756728616970"><span class="__cf_email__" data-cfemail="13544052417674407670537460723d747c65">[email protected]</span></a>.
Please cite the Notification of Rescission of Nondiscrimination
Clarification in the Federal Workplace in the subject line.
SUPPLEMENTARY INFORMATION: On August 18, 2016, GSA issued a bulletin
titled ``Nondiscrimination Clarification in the Federal Workplace'' (81
FR 55148, as corrected at 81 FR 63134, September 14, 2016). This
bulletin provided guidance on the interpretation of the prohibition
against sex discrimination under various Federal civil rights laws
including Title VII of the Civil Rights Act of 1964 (Title VII), as
amended, and Title IX of the Education Amendments Act of 1973, (Title
IX) as amended. In particular, the Bulletin concludes that sex
discrimination under relevant Federal laws also included discrimination
based on gender identity and gender status. Pursuant to E.O. 14168
``Defending Women from Gender Ideology Extremism and Restoring
Biological Truth to the Federal Government'' (90 FR 8615, January 30,
2025), GSA is now rescinding that bulletin.
E.O. 14168 states that gender ideology embraces the belief that
there are genders disconnected from the sex that one is assigned at
birth. Accordingly, the E.O. directs agencies to promptly 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. Additionally, the
referenced Bulletin is inconsistent with E.O. 14168 in that it not only
considers Title VII and Title IV to protect gender identity, but it
also cites support in several cases issued by the U.S. Equal Employment
Opportunity Commission upholding the use of restrooms based on gender
identity. Therefore, the bulletin must be rescinded to bring GSA-
controlled buildings into alignment with the principles of E.O. 14168
declaring that it is the Policy of the United States to recognize only
two sexes, male and female.
Larry Allen,
Associate Administrator, Office of Government-wide Policy, U.S. General
Services Administration.
[FR Doc. 2025-08129 Filed 5-8-25; 8:45 am]
BILLING CODE 6820-34-P
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</html>Indexed from Federal Register on May 9, 2025.
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