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FOIA

Public Records Reveal How Agencies Complied With Trump's Anti-Trans Order

FOIA documents show how agencies dropped everything to comply with Trump order—and that FOIA is still sort of working.
Public Records Reveal How Agencies Complied With Trump's Anti-Trans Order
Image: White House
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This article was primarily reported using public records requests. We are making it available to all readers as a public service. FOIA reporting can be expensive, please consider subscribing to 404 Media to support this work. Or send us a one time donation via our tip jar here.

Using the Freedom of Information Act, 404 Media has obtained several memos that government agencies were required to create by President Trump in order to comply with his “Defending Women” executive order. The memos explain exactly how different agencies are seeking to purge the notion that trans people exist.

Many of the changes laid out in the memos had been previously reported by 404 Media and other news outlets. But the fact that we got anything back from FOIA at all indicates that it will likely be possible to get information about what the administration is doing by using public records requests. FOIA may indeed be a way to bring transparency and some semblance of accountability to an administration that has gutted the federal workforce and has attempted to evade public records laws, especially when those FOIAs are filed with non-DOGE agencies. In the first month of Trump’s administration, we have filed dozens of requests across many different agencies, including DOGE. We also led a training about how to do this yourself, which you can watch here. We will continue to report on the documents that we get as we get them. 

The Office of Personnel Management required all federal agencies to submit a memo to the email address “defendingwomen@opm.gov” on February 7 that included “a.) a complete list of actions taken in response to this guidance and Defending Women; and b.) any agency plans to fully comply with this guidance and Defending Women.” 404 Media has obtained these memos from both the Environmental Protection Agency and the Department of Labor. Muckrock user Russel Neiss obtained memos from the American Battle Monuments Commission and the U.S. Commission on Civil Rights. 404 Media has pending requests with 24 other agencies.

The EPA’s memo was sent to the defendingwomen@opm.gov inbox but was also sent directly to Amanda Scales, a former HR executive for Elon Musk’s xAI company who is now chief of staff for the Office of Personnel Management, which functions more or less as the HR department for the federal government. 

Both the EPA and Department of Labor memos have a series of bullet points that explain what the agencies did to comply with the executive order. 

For the EPA, these included, for example: “Ensure that intimate spaces designated for women, girls, or females (or for men, boys, or males) are designated by biological sex and not gender identity,” and “Cancel any trainings that inculcate or promote gender ideology or have done so in the past.” 

The Department of Labor, meanwhile, “Removed requests for ‘gender’ and substitute requests for ‘sex’ in agency forms,” and “Reviewed all agency programs, contracts, and grants, and identified for possible termination those that promote or inculcate gender ideology. Additionally, all references to the word ‘gender’ were modified ‘sex’; to ‘men’ or ‘women’; ‘males’ or ‘females’; or ‘boys’ or ‘girls’ as appropriate.”

The U.S. Commission on Civil Rights “removed the ‘universal’ bathroom signs at headquarters,” and the American Battle Monuments Commission “revised its internal policies, documents, and forms to replace ‘gender’ with ‘sex.’”

 Department of Labor has:Sent an email to all agency employees announcing that the agency will be complying with theExecutive Order onDefending Women and this guidance.Reviewed all agency programs, contracts, and grants, and identified for possible terminationthose that promote or inculcate gender ideology. Additionally, all references to the word“gender” were modified “sex”; to “men” or “women”; “males” or “females”; or “boys” or“girls” as appropriate.Reviewed all agency position descriptions and found none that involves inculcating orpromoting gender ideology. If any are identified at a later date, we will address in accordancewith the EO.To the extent permitted by law, DOL has taken down all outward facing media (websites,social media accounts, etc.) that inculcate or promote gender ideology. Should additionalmedia be identified, they will be removed immediately.Reviewed agency email systems such as Outlook and turned off features that prompt usersfor their pronouns.To the extent permitted by law, the Agency has withdrawn any final or pending documents,directives, orders, regulations, materials, forms, communications, statements, and plans thatinculcate or promote gender ideology. Should additional such documents be identified, theywill be removed immediately.To the extent permitted by law, the Agency has withdrawn or amended public-facingmaterials, pdfs, website and other digital content to remove the term "gender."Cancelled any trainings that inculcate or promote gender ideology or have done so in the past.Disbanded or canceled any employee resource groups or special emphasis programs thatinculcate or promote gender ideology or have done so in the past.
DOL memo
EPA has completed the following actions to comply with the EO:• Send an email to all agency employees announcing that the agency will be complying withDefending Women and this guidance.• Review all agency programs, contracts, and grants, and terminate any that promote orinculcate gender ideology.• Review all agency position descriptions and send a notification to all employees whoseposition description involves inculcating or promoting gender ideology that they are beingplaced on paid administrative leave effective immediately as the agency takes steps toclose/end all initiatives, offices, and programs that inculcate or promote gender ideology.The agency did not have any positions meeting these criteria.• Review agency email systems such as Outlook and turn off features that prompt users fortheir pronouns.• Cancel any trainings that inculcate or promote gender ideology or have done so in the past.• Disband or cancel any employee resource groups or special emphasis programs thatinculcate or promote gender ideology or have done so in the past.• Ensure that intimate spaces designated for women, girls, or females (or for men, boys, ormales) are designated by biological sex and not gender identity.• Ensure all applicable agency forms use the term “sex” and not “gender.”EPA is actively reviewing materials to ensure content inculcating or promoting gender ideology iscanceled, revised or removed, specifically the following:• Outward facing media (websites, social media accounts, etc.)• Final or pending policies, documents, directives, orders, regulations, materials, communications,statements, and plans.
EPA Memo

We also obtained a mass email that the EPA sent to its employees instructing them to remove pronouns from their email signatures and informing them that “the agency prohibits Employee Resource Groups that promote unlawful DEIA initiatives.”

The full memos are available here:

A federal judge has ruled that DOGE itself must release records under federal records laws, but the case is still being litigated.

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