Federal Court Vacates EEOC Guidance on Workplace Protections for Transgender Employees
On May 15, 2025, the U.S. District Court for the Northern District of Texas ruled that the Equal Employment Opportunity Commission (EEOC) overstepped its authority by issuing guidance expanding workplace protections to transgender employees. More specifically, the Texas federal court held that former President Biden’s EEOC expansion of the definition of the word “sex” was contrary to law. Biden’s EEOC guidance that the Texas court takes issue with was updated in April 2024, and specified that actions like using incorrect pronouns, denying access to bathrooms associated with gender identity, and enforcing dress codes inconsistent with gender identity could constitute unlawful harassment under Title VII.
Court's Decision:
- The Court sided with the State of Texas, determining that the EEOC exceeded its statutory authority by expanding the scope of "sex" under Title VII beyond the biological binary.
- The guidance was found to contradict Title VII by stating that failure to accommodate transgender employees' preferences would constitute sex harassment.
Employer Takeaways:
- The ruling vacated key parts of the EEOC's 2024 guidance, but its nationwide impact remains unclear.
- EEOC Guidance does not supersede state or local laws providing workplace protections to transgender individuals.
- Employers should continue to maintain policies that prevent discrimination, harassment, and retaliation, including those related to sexual orientation and gender identity/expression.
While it is still unclear how this ruling will impact employers nationwide, it is still important to continue to stay up to date on ever-changing legislation.
If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.
