Federal agencies can now ignore guidance on sex discrimination in the workplace
What happened
The General Services Administration is removing its guidance on sex discrimination in the federal workplace. This means federal agencies no longer have a clear interpretation of what constitutes sex discrimination under various civil rights laws.
Why it matters
For years, federal agencies had a consistent interpretation of sex discrimination, which included protections based on gender identity. This rescission removes that clarity, potentially allowing agencies to revert to narrower definitions. It creates legal uncertainty for federal employees and agencies regarding what protections apply.
The signal
Watch for individual federal agencies to issue their own internal guidance on sex discrimination, or for new lawsuits challenging employment decisions based on the lack of clear federal standards.