Today’s federal workplace is complicated by workforce cuts, return-to-office mandates, budget reductions, and DEI declines.
Furthermore, in conjunction with DEI rollbacks, President Donald Trump’s issuance of Executive Order 14169 has many LGBTQ+ Feds nervous about a potential return to the 1950s “Lavender Scare.”
If you’re gay, lesbian, transgender, or other — or you support LGBTQ+ federal colleagues — understanding Executive Orders and legal remedies is essential to help navigate workplace rights.
LGBTQ+ and the Federal Government
First, some history. The Lavender Scare spanned the late 1940s and 1950s, targeting homosexuals in the federal government who were believed to be communists and security threats. Senate investigations of gay employees resulted in Executive Order 10450 — “Security Requirements for Government Employment.” The 1953 EO stated that criminality, dishonesty, excess alcohol use, drug use, and sexual perversion (which homosexuality was considered at the time) were security threats and reasons for dismissal. The Executive Order terminated between 5,000 and 10,000 LGBTQ+ federal government employees.
During the 1970s, the Supreme Court ruled that homosexual Feds could not be fired simply for being gay. And in 2017, President Barack Obama repealed Executive Order 10450.
Despite these advancements, the Williams Institute at the UCLA School of Law said that “workplace discrimination and harassment against LGBTQ+ employees continue to be persistent and widespread” as recently as 2023.
Nor are the current presidential administration’s actions making LGBTQ+ Feds feel much better.
From EO 10450 to EO 14169
On January 20, 2025, President Donald Trump issued multiple Executive Orders, including EO 14151, “Ending Radical and Wasteful Government and DEI Programs and Preferencing.” Also issued was EO 14169, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”
Couched as protecting women from men who “self-identify as women and gain access to intimate single-sex spaces and activities designed for women,” the Executive Ordered emphasized that biological gender — rather than gender identity—be used in Federal government employment matters.
While this might not seem discriminatory on the surface, a recent Mother Jones article reported that the above Executive Orders mean LGBTQ+ Feds fear being targeted or dismissed.
Available Legal Protections
On the positive side, legal protections exist against discriminatory or harassing practices like the following.
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Title VII of the 1964 Civil Rights Act
Title VII prohibits discrimination based on race, religion, color, national origin, or sex. The Supreme Court’s ruling in Bostock v. Clayton County extended those protections to sexual orientation or gender identity. Employee discrimination is illegal, period.
The Civil Reform Act of 1978
The Civil Reform Act was passed to protect federal employees and applicants, including LGBTQ+ individuals, from unfair and discriminatory practices.
Executive Order 13087
Signed by President Bill Clinton in 1998, EO 13087 amends EO 11478, which provides equal opportunity to Federal jobs. Going further, the EO prohibits sexual orientation discrimination in federal government jobs.
Executive Order 13672
President Barack Obama signed this Executive Order; it amends EO 11478 by prohibiting discrimination among federal contractors against gender identity or sexual orientation.
Navigating the Current Legal Environment
To reiterate, LGBTQ+ Feds are legally protected against discrimination, no matter how many EOs are issued. You can protect yourself in the following ways.
Staying informed
Many advocacy organizations have current information about employment, discrimination, and the White House mandates. You can find resources from the Human Rights Campaign and Advocates for Trans Equality (A4TE), among others.
Writing it down
If you believe you’re a target of discrimination, document all interactions with your employer or colleagues. Show the information to your human resources manager. If you can’t get satisfaction, file a claim with the U.S. Equal Employment Opportunity Commission.
Contacting legal experts
Legal groups and attorneys familiar with employment law can help with issues. Furthermore, advocacy groups like Lambda Legal and GLAD Law are actively working on LGBTQ+ legal and employment issues and can provide resources.
Navigating the Trump Administration’s LGBTQ+ Workplace Policies
Employment confusion in today’s Federal Government is compounded for LGBTQ+ individuals. The best way to cut through the clutter is to remain vigilant concerning rights-threatening actions. And if you believe you’re being targeted, take immediate action.
The CERTIFIED FINANCIAL PLANNERS™ at Serving Those Who Serve support equal rights and banning discriminatory practices in the federal workplace. We also support the best financial practices for federal government employees. To learn more, visit stws.com or email us at [email protected].
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