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Showing posts with the label EEOC Gender Identity Guidance

EEOC Revokes Workplace Guidance on Gender Identity: Here’s What Employers Need to Know

As we anticipated, the Trump administration rescinded Biden-era guidance yesterday on transgender rights in the workplace. In a 2-1 vote, the Equal Employment Opportunity Commission (EEOC) scrapped enforcement guidance requiring employers to provide bathroom, dress, and pronoun accommodations to applicants and workers. While Democratic Commissioner Kalpana Kotagal cautioned that the rule could only be lawfully rescinded through a formal notice-and-comment process, Republican Chair Andrea Lucas said the rule went beyond the EEOC’s authority to enforce the civil rights law at issue. Notably, a federal judge already struck down relevant parts of the guidance in May 2025, and the Trump administration has long pledged to remove gender ideology from agency materials. Although not much has changed from a practical perspective for employers, you should be aware of changing priorities at the federal level – and ensure you’re still complying with federal, state, and local anti-discrimination la...

Federal Judge Scraps Biden EEOC’s Gender Identity Guidance: Here’s What It Means for the Workplace

A federal judge in Texas just ruled that the Equal Employment Opportunity Commission (EEOC) exceeded its authority by issuing enforcement guidance requiring bathroom, dress, and pronoun accommodations. In yesterday’s order striking down relevant parts of the Biden-era guidance, the judge said it was inconsistent with Supreme Court precedent, as well as the text and history of the federal civil rights law at issue . The news comes after President Trump and the new EEOC Acting Chair already vowed to remove gender ideology from agency materials. Here’s what employers need to know about the latest developments and how they impact your workplace. Quick Refresher We’ve seen a flurry of activity in recent years on workplace protections based on sexual orientation and gender identity. Here’s a brief timeline of the major actions: 2020:  The Supreme Court issued a  groundbreaking decision  in  Bostock v. Clayton County , holding that sexual-orientation discrimination and gen...