Federal Gaps in Civil Protections Across Agencies and Program Areas

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Guarantee LGBTQ+ Rights Under Federal Law

AKA “Ensure Equal Treatment Under Federal Law for All American Workers and Families”


Which agency/agencies promulgated the regulation? *
Congress / Equal Employment Opportunity Commission (EEOC) / Department of Housing and Urban Development (HUD) / Department of Education
Which title, parts, and/or sections of the Code of Federal Regulations (C.F.R.) should be rescinded? *
Rescind outdated or incomplete regulatory definitions, guidance, and exemptions within: 29 CFR Parts 1604, 1605, 1606 (EEOC sex discrimination interpretations lacking explicit LGBTQ+ coverage) 34 CFR Part 106 (Title IX regulations with gaps in gender identity inclusion) 24 CFR Parts 5, 100–135 (HUD fair housing regulations that allow inconsistent application to LGBTQ+ individuals
What is your name?
—OPTIONAL--
Is your proposed rescission a notice of proposed rulemaking, final rule, direct final rule, interim final rule, or interpretive rule? *
Notice of Proposed Rulemaking
What is the name of the regulation being rescinded, if applicable? *
Federal Gaps in Civil Protections Across Agencies and Program Areas
Please provide a short summary of the justifications for the rescission. *
The rescission of these outdated or exclusionary definitions will allow for uniform application of LGBTQ+ protections across employment, housing, and education regulations in alignment with Bostock v. Clayton County and Executive Orders 13988 and 14075.
Please insert the address of the agency. [NPRM, DFR, and IFR only]
U.S. Equal Employment Opportunity Commission 131 M Street NE Washington, D.C. 20507
Please insert the contact information for the agency. *
Associate Legal Counsel, Office of Legal Counsel at 202-900-8652
What is the background for the regulation being rescinded? *
Although the Supreme Court ruled in Bostock v. Clayton County that Title VII covers sexual orientation and gender identity in employment, no comprehensive federal law protects individuals across all domains.
Explain the reasons for the rescission. *
Updating these rules will: • Promote consistent application of the law across all federal agencies • Support fair treatment for all American workers and families • Reduce regulatory confusion for employers, schools, and housing providers
Describe the text of the relevant C.F.R. provisions as it will exist after the rescission. *
Sexual orientation and gender identity shall be explicitly included as protected classes under federal anti-discrimination statutes including Title VII, Title IX, and the Fair Housing Act.
Please insert the name of the current agency head. *
Andrea R. Lucas
Please insert the title of the agency head. *
Acting Chair, Equal Employment Opportunity Commission

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