By CLAIRE SAVAGE
A federal judge in Texas struck down guidance from a government agency specifying protections against workplace harassment based on gender identity and sexual orientation.
Judge Matthew J. Kacsmaryk of U.S. District Court for the Northern District of Texas on Thursday determined that the U.S. Equal Employment Opportunity Commission exceeded its statutory authority when the agency issued guidance to employers against deliberately using the wrong pronouns for an employee, refusing them access to bathrooms corresponding with their gender identity, and barring employees from wearing dress code-compliant clothing according to their gender identity because they may constitute forms of workplace harassment.
Kacsmaryk said the guidance is “inconsistent with the text, history, and tradition of Title VII and recent Supreme Court precedent.”
Title VII of the 1964 Civil Rights Act protects employees and job applicants from employment discrimination based on race, color, religion, sex and national origin.
The EEOC, which enforces workplace anti-discrimination laws, had updated its guidance on workplace harassment in April of last year under President Joe Biden for the first time in 25 years. It followed a 2020 Supreme Court ruling that gay, lesbian and transgender people are protected from employment discrimination.
Texas and the Heritage Foundation, the conservative think tank behind Project 2025, in August challenged the guidance, which the agency says serves as a tool for employers to assess compliance with anti-discrimination laws and is not legally binding. Kacsmaryk disagreed, writing that the guidance creates “mandatory standards … from which legal consequences will necessarily flow if an employer fails to comply.”
The decision marks the latest blow to workplace protections for transgender workers following President Donald Trump’s Jan. 20 executive order declaring that the government would recognize only two “immutable” sexes — male and female.
Kacsmaryk, a 2017 Trump nominee, invalidated all portions of the EEOC guidance that defines “sex” to include “sexual orientation” and “gender identity,” along with an entire section addressing the subject.
“Title VII does not require employers or courts to blind themselves to the biological differences between men and women,” he wrote in the opinion.
Heritage Foundation president Kevin Roberts commended the decision in an emailed statement: “The Biden EEOC tried to compel businesses — and the American people — to deny basic biological truth. Today, thanks to the great state of Texas and the work of my Heritage colleagues, a federal judge said: not so fast.”
He added: “This ruling is more than a legal victory. It’s a cultural one. It says no — you don’t have to surrender common sense at the altar of leftist ideology. You don’t have to pretend men are women. And you don’t have to lie to keep your job. ”
The National Women’s Law Center, which filed an amicus brief in November in support of the harassment guidance, blasted the decision in an emailed statement.
“The district court’s decision is an outrage and blatantly at odds with Supreme Court precedent,” said Liz Theran, senior director of litigation for education and workplace justice at NWLC. “The EEOC’s Harassment Guidance reminds employers and workers alike to do one simple thing that should cost no one anything: refrain from degrading others on the job based on their identity and who they love. This decision does not change the law, but it will make it harder for LGBTQIA+ workers to enforce their rights and experience a workplace free from harassment.”
The U.S. Department of Justice and the EEOC declined to comment on the outcome of the case.
The EEOC in fiscal year 2024 received more than 3,000 charges alleging discrimination based on sexual orientation or gender identity, and 3,000-plus in 2023, according to the agency’s website.
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