US EEOC scraps guidance that expanded workplace protections for LGBTQ workers

Read more at WTVB.

The U.S. agency that enforces laws prohibiting workplace discrimination on Thursday rescinded legal guidance that had strengthened protections against unlawful harassment for LGBTQ workers and women who have abortions.

The U.S. Equal Employment Opportunity Commission voted 2-1 to repeal the 2024 guidance, ‍which had incorporated major court rulings and laws passed in the roughly 25 years since the agency last updated its guidance.

The five-member EEOC can make rules and issue guidance explaining how federal laws that protect workers from discrimination based on characteristics such as race, sex, religion and disability should be applied. A separate arm of the agency, led by the general counsel, vets discrimination complaints filed by workers and can broker settlements and bring lawsuits against ‌employers accused of violating those laws.

EEOC guidance is not legally binding, but lays ‌out a blueprint for how the commission will enforce anti-discrimination laws and is often cited by judges deciding novel legal issues.

Since President Donald Trump took office last year, his appointees at the EEOC have stopped pursuing most cases involving transgender workers and have launched probes into workplace diversity policies and alleged antisemitism on college campuses.

The ​repeal of the 2024 guidance was expected and comes less than three months after the U.S. Senate confirmed Trump nominee Brittany Panuccio to the commission, restoring a quorum of three members and giving Republicans ‍a 2-1 majority.

The commission in the 2024 guidance had adopted ​a broad view of the type of conduct that amounts to unlawful workplace ​harassment, saying it included discriminating against employees because they have abortions or use contraception and refusing to use ‍transgender workers’ preferred names and pronouns.

EEOC Chair Andrea Lucas, a Trump appointee, ahead of Thursday’s vote said the EEOC had overstepped its authority by issuing guidance that imposed new obligations on employers rather than interpreting existing law.

But critics of the move said it could discourage employers from preventing harassment and leave workers without recourse when they face it.

“This action is likely to increase the amount of harassment that ‍occurs in workplaces across the country,” a dozen former EEOC and U.S. Department of Labor officials said in a joint statement before the vote. Most of the officials were appointed by Democratic presidents.

The 2024 guidance covered ‍an array of topics, including a ‍landmark 2020 Supreme Court ruling in Bostock v. Clayton County that said ​workplace discrimination based on sexual orientation or gender identity is a form of ​unlawful sex ⁠discrimination. The commission had said that while Bostock involved a gay worker’s ‌termination and not harassment claims, the Supreme Court’s reasoning in the decision extended to cases alleging harassment of LGBTQ workers.

A federal judge in Texas last year had blocked that portion of the guidance, saying that finding was novel and was beyond the scope of the EEOC’s powers in issuing guidance. Two other judges separately barred the agency from enforcing the guidance against religious organizations that sued.

Paxton files lawsuit against Biden administration over transgender worker protections

This blog originally appeared at The Hill.

Texas Attorney General Ken Paxton (R) has once again filed a lawsuit against the Biden administration, this time targeting federal protections for transgender employees in the workplace.

The lawsuit, submitted Thursday in federal court, is directed at the Equal Employment Opportunity Commission (EEOC) and the Justice Department (DOJ). It challenges the legality of agency guidelines that define workplace harassment under federal law, seeking a permanent injunction to prevent their enforcement.

The EEOC guidelines, though not legally binding, assert that denying employees accommodations based on their gender identity—such as misgendering transgender workers or denying them access to gender-appropriate restrooms—constitutes unlawful workplace harassment.

In Thursday’s lawsuit, Paxton, alongside the conservative think tank Heritage Foundation, claimed the opposite. “The Biden-Harris Administration is once again attempting to rewrite federal law through undemocratic and illegal agency action,” Paxton stated. “This time, they are unlawfully weaponizing the Equal Employment Opportunity Commission to force private businesses and States to adopt ‘transgender’ mandates—Texas is suing to stop them.”

The lawsuit was filed in the Northern District of Texas’s Amarillo Division, where U.S. District Judge Matthew Kacsmaryk, a Trump appointee, presides over most cases. Last month, Kacsmaryk dismissed Paxton’s request to block an earlier version of the EEOC guidance, stating that a new complaint was required.

The EEOC declined to comment, referring inquiries to the DOJ, which did not immediately respond. Paxton, a vocal critic of progressive LGBTQ protections, has filed numerous lawsuits against the Biden administration since 2021, with most being directed to Kacsmaryk, according to the Texas Tribune.

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