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As we anticipated, the Trump administration rescinded Biden-era guidance yesterday on transgender rights in the workplace.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 While Democratic Commissioner Kalpana Kotagal cautioned that the rule could only be lawfully rescinded through a formal notice-and-comment process, Republican Chair Andrea Lucas said the rule went beyond the EEOC’s authority to enforce the civil rights law at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...