The 2020 rule removed the 2016 rule’s express gender-identity and sex-stereotyping language. It was effective August 18, 2020, and was followed by further rulemaking and litigation.
This final rule removes the 2016 Rule’s expansive inclusion of gender identity and sex stereotyping in the definition of discrimination on the basis of sex.
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The 2020 rule removed the 2016 rule’s express gender-identity and sex-stereotyping language. It was effective August 18, 2020, and was followed by further rulemaking and litigation. The regulatory position changed across administrations; current status must be read with the 2024 rule and 2026 vacatur notice.