What is the cause of action for a violation of a nondiscrimination executive order?

July 19th, 2014

MetroWeekly reports that the President will amend Executive Order 11478 to prohibit discrimination against transgender federal employees. The Executive Order basically sets out goals and guidances, and urges heads of departments to allocate resources to prevent discrimination. But what would the cause of action be if a federal employee was discriminated on this basis? I think the answer has to be none. As a practical matter, if a federal agency discriminates based on any of the protected bases, with the exception of gender identity, a suit could be brought under Title VII. But, for these two cases, no litigation could commence. Unless the President decides to create a federal cause of action through an executive order.