EEOC Drops Gender Identity Cases, Citing Trump Executive Order \ Newslooks \ Washington DC \ Mary Sidiqi \ Evening Edition \ The U.S. Equal Employment Opportunity Commission (EEOC) has dismissed six gender identity discrimination cases, citing President Trump’s executive order recognizing only two biological sexes. This marks a major policy shift from previous civil rights enforcement under the agency. Critics argue this move undermines workplace protections for transgender and nonbinary workers.
EEOC Gender Identity Case Dismissals: Quick Looks
- Major Shift in Policy: The EEOC is dropping six workplace discrimination cases involving gender identity, aligning with Trump’s executive order.
- Historical Reversal: Previously, the agency had protected transgender workers, including a 2020 Supreme Court ruling affirming LGBTQ+ workplace protections.
- Impact on Workers: Critics say this decision weakens protections for transgender and nonbinary employees, raising concerns over future enforcement.
- EEOC Leadership Shake-Up: Trump removed two Democratic commissioners, giving Republicans control of the agency and allowing policy reversals.
- New Enforcement Priorities: Acting EEOC Chair Andrea Lucas emphasized enforcing the “binary reality of sex” and removed agency resources supporting gender identity inclusivity.
- Rising Discrimination Complaints: Despite record-high gender identity discrimination complaints in 2023, the EEOC removed its related online resources.
Deep Look
In a significant shift in civil rights enforcement, the U.S. Equal Employment Opportunity Commission (EEOC) has moved to dismiss six workplace discrimination cases related to gender identity, citing a new executive order from President Donald Trump. This decision marks a stark reversal of the agency’s previous stance on transgender workplace protections, raising concerns about the future of anti-discrimination policies under the Trump administration.
For years, the EEOC played a key role in advocating for LGBTQ+ rights in the workplace, interpreting civil rights law to include protections against discrimination based on gender identity and sexual orientation. However, under new leadership aligned with Trump’s policies, the agency is now abandoning cases that would have previously been considered violations of federal workplace discrimination laws.
EEOC’s Shift: From Protecting to Abandoning Gender Identity Cases
The EEOC, responsible for enforcing workplace discrimination laws, has traditionally recognized gender identity discrimination as a form of sex discrimination under Title VII of the Civil Rights Act. In 2012, the agency issued a landmark ruling affirming that a transgender civilian employee of the U.S. Army had been discriminated against when her employer refused to use her preferred pronouns or allow her access to restrooms consistent with her gender identity.
In the years that followed, the EEOC continued to strengthen protections for transgender workers, updating its guidelines to state that intentional misgendering or restroom restrictions could constitute harassment. The 2020 Supreme Court ruling in Bostock v. Clayton County further affirmed that Title VII protects employees from discrimination based on gender identity and sexual orientation.
Despite this legal precedent, the EEOC is now citing Trump’s January 20 executive order as the reason for its decision to drop six gender identity discrimination cases. The order mandates that the federal government recognize only two “immutable” biological sexes—male and female—rejecting any legal recognition of gender identity. As a result, the EEOC is no longer pursuing cases where workers allege discrimination based on their transgender or nonbinary status.
Cases Dropped Across Multiple States
The EEOC has moved to dismiss three cases in Illinois, along with one each in Alabama, New York, and California. In each instance, the original complaints involved allegations of workplace discrimination against transgender or gender-nonconforming employees.
By withdrawing from these cases, the agency is signaling that it no longer considers gender identity discrimination actionable under existing federal law. This move has alarmed legal experts and civil rights advocates, who argue that the EEOC is not only reversing years of policy but also undermining its fundamental mission to protect workers from discrimination.
David Lopez, a former EEOC General Counsel and legal scholar, has strongly criticized the decision. He noted that, in his more than two decades at the agency, he has never seen the EEOC dismiss cases based on subject matter rather than merit.
“For the country’s anti-discrimination agency to refuse to enforce the law on behalf of a particular group is itself a form of discrimination,” Lopez said. “It’s like a complete abdication of responsibility.”
Trump’s Influence: Reshaping the EEOC’s Priorities
This policy shift follows major personnel changes at the EEOC. In an unprecedented move, Trump dismissed two Democratic commissioners from the five-member commission before their terms expired. This decision gave Republican leadership full control of the agency, paving the way for significant policy reversals.
Had the commissioners remained in their positions, the EEOC would have had a Democratic majority for much of Trump’s term, likely blocking efforts to roll back transgender protections. Their removal, coupled with the firing of EEOC General Counsel Karla Gilbride and her replacement with Andrew Rogers, ensured that the agency could swiftly shift direction.
Shortly after these dismissals, acting EEOC Chair Andrea Lucas, a Trump appointee, publicly reaffirmed her commitment to enforcing the administration’s executive order on gender identity. In a statement, she emphasized the importance of recognizing only biological sex in workplace protections.
New Enforcement Priorities and Policy Changes
Under Lucas’s leadership, the EEOC has introduced several key policy changes aimed at aligning with Trump’s executive order:
- “Pronoun App” Removed: The agency eliminated its internal tool that allowed employees to display their preferred pronouns in Microsoft 365 profiles.
- New Complaint Review Process: While the EEOC will continue accepting all discrimination complaints, any that “implicate” Trump’s executive order will be escalated to agency headquarters for additional review.
- Official Position on Gender Identity: Lucas stated that using pronouns based on biological sex is not harassment, even if done repeatedly. She reinforced that “Biology is not bigotry” and that the agency’s stance would be based on the idea that sex is binary and immutable.
Increasing Workplace Discrimination Complaints, Yet Resources Disappear
The EEOC’s move to dismiss these cases comes at a time when workplace discrimination complaints related to gender identity are at an all-time high. According to EEOC data, more than 3,000 complaints citing sexual orientation or gender identity discrimination were filed in fiscal year 2023—an increase of over 36% from the previous year. This marks the highest number of such complaints since the agency began tracking them in 2013.
Despite this surge, the EEOC has quietly removed resources related to gender identity discrimination from its website. A link that previously provided guidance on LGBTQ+ workplace protections now leads to a blank page with the message: “The requested page could not be found.”
Backlash from Civil Rights Advocates
The EEOC’s decision has been met with widespread criticism from legal experts and civil rights organizations. Jocelyn Samuels, one of the Democratic EEOC commissioners who was recently dismissed, condemned the agency’s new direction.
“The administration’s efforts to erase trans people are deeply harmful to a vulnerable community and inconsistent with governing law,” Samuels said in an email statement.
Sarah Warbelow, Vice President of Legal at the Human Rights Campaign, also denounced the EEOC’s actions, stating that the agency is being “weaponized to greenlight discrimination against American workers.”
“Instead of standing up for the rights of everyone to a workplace free from discrimination, including harassment and bias, the Trump administration is making it abundantly clear they will not protect working people,” Warbelow said.
The Future of Gender Identity Protections
With the EEOC now backing away from enforcing gender identity discrimination protections, the future of workplace rights for transgender and nonbinary employees remains uncertain. While the Bostock ruling still provides legal grounds for workplace protections, enforcement at the federal level is now in question.
Legal challenges to Trump’s executive order are likely, with LGBTQ+ advocacy groups expected to push back against what they see as an unlawful rollback of protections. However, in the meantime, transgender employees facing discrimination may find it increasingly difficult to receive justice through federal channels.
The EEOC’s latest actions underscore the power of executive influence over civil rights enforcement. While federal laws remain unchanged, the interpretation and implementation of those laws depend heavily on the priorities of the administration in power. As the Trump administration continues to reshape the federal government’s approach to gender identity, many advocates fear that the rights of transgender workers could be significantly eroded.
The coming months will likely see legal battles and further political debates over the scope of workplace protections. For now, the EEOC’s decision to withdraw from gender identity discrimination cases stands as a stark reminder of how quickly civil rights protections can shift under a new administration.
EEOC Drops Gender EEOC Drops Gender
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