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 January 22, 2026, the U.S. Equal Employment Opportunity Commission voted to rescind its Enforcement Guidance on Harassment in the Workplace . The proposal to rescind the guidance was approved two-to-one, with Chair Andrea Lucas (R) and Commissioner Britanny Panuccio (R) voting to repeal the document, and Commissioner Kalpana Kotagal (D) voting against rescission. The rescission is unsurprising now that the Commission has a quorum. Almost immediately after assuming her role as then-acting chair in January 2025, now-Chair Lucas signaled her opposition to portions of the guidance and indicated that she would seek to rescind or revise it as soon as she had the votes to do so. While the rescission is effective immediately, as a legal matter, the repeal of non-binding EEOC guidance does not dramatically alter federal anti-harassment law, nor does it bear on state civil rights laws that prohibit workplace harassment. History of Harassment Enforcement Guidance In 2015, the EEOC established ...

The EEOC recently updated its workplace harassment enforcement guidance to reflect a Texas federal court ruling that found the Biden-era EEOC had overstepped its authority by requiring bathroom, dress, and pronoun accommodations under Title VII – but are things as clearcut for employers as they seem? The Biden-era EEOC had defined sexual harassment to include conduct such as denying an individual access to a bathroom consistent with their gender identity, intentionally misgendering someone, or targeting individuals who do not conform to traditional gender-based appearance or behavior norms . But the current EEOC disagreed and, in June, took action to minimize these interpretations . Despite these developments, Title VII continues to prohibit employment discrimination based on sex—including sexual orientation and gender identity— and courts remain free to interpret Title VII independently of the EEOC’s current enforcement position . As the scope of Title VII’s protections continues to e...

  States and cities are as busy as ever passing new workplace regulations throughout the calendar year. Here is our mid-year report summarizing the notable labor and employment laws that take effect from roughly July through October.  Iowa Bill / Ordinance / Regulation Main Topic Summary Effective Date Iowa HB 248 (HB26)   Employment Policies Requires employers to treat employees who adopt a child the same as biological parents for purposes of employment policies, benefits, and protections. 7/1/2025 Iowa SB 377 Employment Classification Prohibits the consideration of the deployment, implementation, or use of a motor carrier safety improvement when determining a person's employment status. 7/1/2025 Iowa SB 418 (HB583) Gender Identity Defines “sex,” “female,” “male,” and related terms; removes gender identity from protected classifications. 7/1/2025 Iowa HB 767 (SB 110) Drug Testing Provides that notification of a positive drug test may be given in person or sent electronic...