Compliance Stuff

On February 26, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) issued a federal sector decision in  Selina S. v. Driscoll , ruling that Title VII of the Civil Rights Act of 1964 allows federal agencies to exclude transgender workers from using bathrooms corresponding to their gender identity. The ruling extends to other federal agencies’ sex-segregated facilities, including changing areas, locker rooms, and sleeping quarters. Importantly, the decision applies only to federal agencies, not to private-sector employers, and does not bind federal courts. Quick Hits Federal agencies may now restrict transgender employees’ access to sex-segregated facilities matching their gender identity under the EEOC’s new interpretation of Title VII. The 2–1 ruling along party lines overturns decades-old precedent dating back to the EEOC’s 2015 decision in  Lusardi v. Department of the Army , which supported bathroom access corresponding to gender identity. Commissioner Kalpana K...

  On February 6, 2026, the U.S. Court of Appeals for the Fourth Circuit issued a narrow  ruling  in  National Association of Diversity Officers in Higher Education v. Trump , vacating a preliminary injunction that had blocked enforcement of  Executive Order 14151 , “Ending Radical and Wasteful Government DEI Programs and Preferencing,” and  Executive Order 14173 , “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.” The decision leaves employers with ongoing and significant uncertainty about what distinguishes lawful diversity, equity, and inclusion (DEI) programming from activities the administration may target for enforcement as “unlawful DEI.” 0:00 9:51 Quick Hits On February 6, 2026, the Fourth Circuit held that the plaintiffs’ facial challenges in  National Association of Diversity Officers in Higher Education v. Trump  to President Trump’s anti-DEI executive orders (EOs) were unlikely to succeed, but the court did not valid...