Transgender workers in the United States are facing a new wave of uncertainty after a federal judge in Texas vacated key portions of the Equal Employment Opportunity Commission’s (EEOC) 2024 harassment guidance. The decision effectively removed federal protections against misgendering, bathroom exclusion, and discriminatory dress codes. Following this ruling, 18 Republican-led states voluntarily withdrew their lawsuit against the EEOC, stating the guidance they opposed had already been rendered invalid.
The EEOC’s 2024 guidance originally stated that workplace harassment based on gender identity, including the refusal to use correct pronouns or denial of restroom access, could violate Title VII of the Civil Rights Act. These protections are built on the 2020 Supreme Court decision in Bostock v. Clayton County, which confirmed that discrimination based on gender identity is a form of sex discrimination.
However, U.S. District Judge Matthew Kacsmaryk determined in May that the EEOC overstepped its authority. He ruled that Title VII does not explicitly authorize the agency to regulate conduct such as pronoun use or dress codes and vacated those sections of the guidance nationwide.
After the ruling, the coalition of red states, led by Tennessee, told the court that their legal challenge was no longer necessary. They stated that the guidance they had opposed had already been invalidated by the court and was being removed from the EEOC’s website. As a result, the lawsuit was formally dismissed.
This development marks a significant setback for transgender employees who had hoped the EEOC would continue to provide clear and enforceable protections against workplace harassment. While the Bostock ruling still prohibits firing someone for being transgender, the EEOC is no longer interpreting Title VII to cover daily forms of mistreatment that fall outside hiring and termination decisions.
Earlier this month, the EEOC announced it would resume reviewing some cases involving transgender discrimination, but only in limited circumstances. As reported in TransVitae’s July 15 article, the agency will again process claims involving hiring, firing, and promotion when gender identity is a factor. However, cases involving harassment, misgendering, or bathroom access will no longer be pursued under the vacated guidance.
This gap leaves many transgender employees vulnerable to mistreatment in the workplace without the backing of the federal agency tasked with enforcing anti-discrimination laws. State and local protections still exist in some jurisdictions, but coverage is inconsistent across the country. Transgender workers who face workplace harassment may now need to rely on state laws or pursue private legal action to seek justice.
The removal of these federal protections highlights the growing disparity between legal interpretations of Title VII and the lived realities of transgender people in the workplace. Advocacy groups have warned that the rollback may result in an increase in unaddressed harassment and could discourage transgender individuals from reporting discrimination.
As of now, the EEOC has begun removing the vacated sections from its website and has not indicated whether it will appeal the Texas court’s decision.
