In a stunning about-face, the Equal Employment Opportunity Commission (EEOC) has moved to dismiss a series of landmark cases alleging gender identity discrimination against transgender and non-binary employees. The federal agency, responsible for enforcing civil rights laws in the workplace, cited a recent Trump administration executive order that defines gender as strictly male or female as the basis for withdrawing the suits.
A “Complete Abdication” of Responsibility
LGBTQ advocates swiftly condemned the EEOC’s decision as a “complete abdication of responsibility” to protect some of the nation’s most vulnerable workers. “For the country’s anti-discrimination agency to discriminate against a group, and say ‘We’re not going to enforce the law on their behalf’ itself is discrimination,” said former EEOC general counsel David Lopez.
The cases the EEOC is seeking to drop span multiple states and industries, but all involve alleged harassment, mistreatment or wrongful termination of employees who identify as transgender, non-binary or gender non-conforming:
- An Alabama hospitality worker allegedly fired hours after revealing their non-binary identity
- A New York hotel housekeeper repeatedly misgendered and called a “transformer” by supervisors
- Illinois fast food workers subjected to invasive questions and unwanted touching
- California retail employees targeted with “offensive” sexual conduct and comments
The withdrawal motions mark a drastic departure from the EEOC’s interpretation of sex discrimination laws during the Obama years. In a landmark 2015 ruling, the commission determined that bias against transgender workers violated Title VII of the Civil Rights Act.
New leadership ushers in change
However, the complexion of the agency shifted dramatically last month when Trump abruptly fired two Democratic commissioners and elevated Republican Andrea Lucas to acting chair. Lucas wasted no time implementing the president’s agenda, declaring that one of her top priorities would be “defending the biological and binary reality of sex”.
“Biology is not bigotry. Biological sex is real, and it matters,” Lucas said. “It is not harassment to acknowledge these truths – or to use language like pronouns that flow from these realities, even repeatedly.”
– Andrea Lucas, acting chair of the EEOC
But former commissioner Jocelyn Samuels, one of those fired by Trump, called the policy “truly regrettable” and “deeply harmful to a vulnerable community”. She said the administration’s “efforts to erase trans people” were “inconsistent with governing law”.
Complaints skyrocket as protections wane
The need for strong enforcement has never been greater, with the EEOC logging over 3,000 complaints of LGBTQ workplace discrimination last year – a 36% jump. But instead of cracking down, the agency now appears to be in full retreat.
While the EEOC says it will continue accepting bias charges from all workers, LGBTQ advocates fear the dismissals send an unmistakable signal that fighting for trans civil rights is no longer a priority. At a time of rising violence and political attacks on gender-variant people, the government’s abdication leaves them increasingly vulnerable and alone.
