You are correct that Title VII of the Civil Rights Act of 1964 and Executive Order 13672 both address sex discrimination broadly. However, Executive Order 13672 does include the following: “To comply with its obligations under the Order, a contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin cannot result.” It further continues by defining “facilities” as “waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, wash rooms….” Facility design and signage are not specifically mentioned. In addition, EEOC case law and guidance provided by EEOC, OFCCP, OSHA, and other federal government agencies all take the position that employers should provide employees access to restrooms consistent with their gender identity. In at least one discrimination case, EEOC ruled that “denying an employee equal access to a common restroom corresponding to the employee's gender identity is sex discrimination.” OFCCP also addressed this in one of their Frequently Asked Questions on E.O 13672 and stated that “contractors must ensure that their restroom access policies and procedures do not discriminate based on the sexual orientation or gender identity of an applicant or employee” and that “contractors must allow employees and applicants to use restrooms consistent with their gender identity.” You can access further information and guidance on this topic in these publications: EEOC’s Fact Sheet on Transgender Bathroom Access Rights OFCCP’s Frequently Asked Questions on E.O. 13672 OFCCP’s Fact Sheet Defining Sexual Orientation and Gender Identity OSHA’s A Guide to Restroom Access for Transgender Workers
You can use this OFCCP audit checklist to ensure you're doing what is required to maintain OFCCP's regulations including VEVRAA, Section 503, and EO 11246. Or request a demo to streamline your compliance and recruiting efforts.