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The Employer Handbook BlogFederal Judge Halts EEOC’s Attempt to Mandate Gender Identity Protections
A Texas federal court has weighed in on how far the EEOC can go when interpreting Title VII.
Spoiler alert: it didn’t go well for the EEOC. Continue reading
Articles Posted in Gender Identity
Trump’s EEOC nomination could break the deadlock—and reshape enforcement
After months of legal gridlock, the Equal Employment Opportunity Commission is about to get its quorum back—and a Republican majority with it. Continue reading
Congress Revives LGBTQ+ Rights Bill: What Employers Should Know
This week, lawmakers in both the House and Senate reintroduced the Equality Act, a bill that would explicitly prohibit discrimination based on sexual orientation and gender identity across numerous areas of federal law.
Although the bill has strong Democratic support, it lacks bipartisan backing—and given the political composition of Congress and the current administration’s stance, it is unlikely to become law during this session. Still, its reintroduction offers employers a timely opportunity to review existing policies and ensure compliance with current law. Continue reading
No Sanctuary from Title VII: Judge Rejects Religious Defenses in Transgender Firing Case
“We are terminating you for ‘denying biological and chromosomal sex assigned at birth.’” Continue reading
From Protection to Rejection: How The EEOC’s New Stance on Trans Rights and Gender Identity Impacts Employers
On Saturday, the Associated Press reported that the Equal Employment Opportunity Commission (EEOC) moved to drop several lawsuits related to gender identity discrimination. Let’s examine what caused this change in direction and the implications for employers. Continue reading
Why is the EEOC suddenly deleting gender identity discrimination resources from its website?
Earlier this week, I searched for LGBTQ+ resources on the U.S. Equal Employment Opportunity Commission (EEOC) website. On Google, I found a page titled “Moving Towards Equality in the Workplace for LGBTQI+ Employees.” But when I clicked the link, I got an error message: “The requested page could not be found.” The same thing happened with several other links.
Now I know why. Continue reading
New EEOC Chair, New Focus: What Businesses Should Know
Yesterday, President Trump appointed Andrea Lucas as the Acting Chair of the U.S. Equal Employment Opportunity Commission (EEOC), signaling notable changes for the agency tasked with enforcing federal anti-discrimination laws in the workplace. Lucas brings a clear set of priorities to address workplace discrimination. Here’s what HR professionals, employment lawyers, and business owners should know about them
1. Rights of Individuals > Group Outcomes
Lucas advocates for balanced enforcement of employment civil rights laws. She believes the EEOC’s role is to protect the rights of individuals, not to measure justice by group outcomes. This approach emphasizes that civil rights laws should be applied equally to everyone, regardless of their background. “I intend to dispel the notion that only the ‘right sort of’ charging party is welcome through our doors,” said Lucas.
The EEOC just sued some employers for preventing transgender employees from using restrooms consistent with their gender identity
In 2015, the U.S. Equal Employment Opportunity Commission determined that a federal agency that denied an employee equal access to a common bathroom/facility corresponding to the employee’s gender identity discriminated based on sex and could not restrict a transgender employee to a single-user restroom. About five years later, the Supreme Court ruled that discrimination based on transgender status is sex discrimination in violation of Title VII.
Yesterday, the EEOC announced a lawsuit against several employers claiming that forbidding transgender workers from using restrooms consistent with their gender identity contributed to a hostile work environment based on their sex.
Continue reading
THIS must be part of your 2025 anti-harassment training if it’s not already,
In the past week, the U.S. Equal Employment Opportunity Commission has brought two lawsuits against employers that allegedly violated Title VII of the Civil Rights Act by discriminating against transgender employees.
Court: Denying coverage for gender-affirming care to transgender employees is sex discrimination
If your business provides a self-funded health insurance plan to its employees, that health plan covers “medically necessary” services, and you’re not keen on defending sex discrimination claims, then keep reading. Continue reading