Food and Nutrition Service Memorandum Cover Letter - Bostock v. Clayton County Policy Update

Sep 13, 2026

Food and Nutrition Service cover letter transmitting a policy update on complaint processing for program discrimination allegations involving gender identity or sexual orientation. The memo clarifies that sex discrimination under Federal financial assistance includes discrimination based on sexual orientation and gender identity, consistent with the Supreme Court’s Bostock v. Clayton County decision. The update takes effect immediately and requires corresponding revisions to nondiscrimination messaging materials. State agencies must distribute the memorandum to local agencies and program operators and handle related questions centrally.

LanguageEnglish

CategoryLetters

FormatPDF

Pages2

Reading Time1 min

AccessFree to download

Regional Program Directors and State Agencies

Policy Update Summary

Effective Date and Distribution Instructions

Contact Information and Signature

Food and Nutrition Service Braddock Metro Center 1320 Braddock Place Alexandria VA 22314 TO: Regional Program Directors and State Agencies The attached memorandum 1 includes the Food and Nutrition Service’s (FNS) complaint processing policy update related to program complaints alleging discrimination on the basis of gender identity or sexual orientation in programs or activities receiving Federal financial assistance. In short, discrimination on the basis of sex in programs or activities receiving Federal financial assistance includes discrimination on the basis of sexual orientation and discrimination on the basis of gender identity. This policy update is consistent with the Supreme Court’s decision in Bostock v. Clayton County, 140 S. Ct. 1731, 590 U.S. (2020), and applies to prohibitions against discrimination based on sex in all FNS programs. This memorandum will impact the processing of program discrimination complaints, effective immediately. In addition, FNS’s Civil Rights Division will update the Nondiscrimination Statement and the And Justice for All posters to include gender identity and sexual orientation as protected bases. We understand these changes may impact your operations and we will be available to provide you with technical assistance to make the necessary changes. Additional information regarding the Nondiscrimination Statement and the And Justice for All posters is forthcoming. State agencies are reminded to distribute this memorandum to local agencies, program operators and sponsors, and all other subrecipients of Federal financial assistance. Local agencies, program operators and sponsors, and all other subrecipients should direct questions concerning this memorandum to their State agency. 1 Memorandum titled Application of Bostock v. Clayton County to Program Discrimination Complaint Processing – Policy Update The attached memorandum is effective immediately. If you have any questions or comments, please send an email [to the Civil Rights Division to](to the Civil Rights Division to FNSCivilRightsPolicy@usda.gov)[ ](to the Civil Rights Division to FNSCivilRightsPolicy@usda.gov)[FNSCivilRightsPolicy@usda.gov](to the Civil Rights Division to FNSCivilRightsPolicy@usda.gov). Sincerely, Roberto Contreras Director Civil Rights Division Food and Nutrition Service ROBERTO CONTRERAS Digitally signed by ROBERTO CONTRERAS

FAQs

What policy update does the attached memorandum include?

The memorandum updates the Food and Nutrition Service complaint processing policy related to program complaints alleging discrimination based on gender identity or sexual orientation.

How does the update interpret discrimination under Federal financial assistance?

Sex discrimination in covered programs includes discrimination based on sexual orientation and discrimination based on gender identity.

When does the policy take effect and who must receive the memo?

The memorandum is effective immediately. State agencies must distribute it to local agencies, program operators and sponsors, and other subrecipients receiving Federal financial assistance.

Sep 13, 2026

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