In a significant policy shift, the U.S. Equal Employment Opportunity Commission (EEOC) has moved to dismiss several pending lawsuits alleging discrimination based on gender identity. This action aligns with President Donald Trump’s recent executive order on “gender ideology extremism” and corresponding guidance from the Office of Personnel Management (OPM).
The EEOC’s motions to dismiss, filed last week, pertain to at least six cases involving allegations of discrimination against transgender workers. These cases include actions against owners of a Holiday Inn Express, a Home2 Suites by Hilton in Alabama, an Illinois hog farm, a pizzeria at Chicago O’Hare International Airport, a Wendy’s operator in southern Illinois, and a Lush store in California’s Bay Area. The complaints encompass issues such as deadnaming, misgendering, “outing,” and harassment by co-workers, with some lawsuits also alleging retaliatory termination following reports of such conduct.
Historically, the EEOC has interpreted Title VII of the Civil Rights Act of 1964 to prohibit employment discrimination based on gender identity and sexual orientation, a stance affirmed by the U.S. Supreme Court in the 2020 landmark decision, Bostock v. Clayton County, Georgia. However, the recent executive order and OPM guidance have prompted the agency to reassess its position. In its motions, the EEOC stated that continuing litigation in these cases “may be inconsistent with the Order and the OPM Guidance.”
This development has elicited criticism from various legal advocacy groups. Equal Rights Advocates, an organization dedicated to gender justice in workplaces, described the EEOC’s actions as a “dereliction of EEOC’s duty under its legal mandate,” emphasizing that transgender and gender non-conforming employees deserve full protection under existing civil rights laws, as established by Congress and the Supreme Court.
The EEOC has declined to comment on the ongoing litigation.
This policy change reflects a broader trend within the current administration to reevaluate and, in some instances, roll back protections related to gender identity and expression in the workplace. Employers and legal practitioners should closely monitor these developments, as they may have significant implications for workplace discrimination policies and practices.
Source: HR Drive
