Judge slaps down Biden-era guidance on sex-based employment discrimination
A federal judge appointed by former President Donald Trump recently struck down portions of Equal Employment Opportunity Commission (EEOC) guidance issued during the Biden administration, which claimed that Title VII protections against sex-based employment discrimination extended to sexual orientation and gender identity.
The ruling, signed by Judge Matthew J. Kacsmaryk of the U.S. District Court for the Northwestern District of Texas, deemed the language in the guidance that defined “sex” in Title VII as including sexual orientation and gender identity as “contrary to law.” The ruling also rejected all language defining “sexual orientation” and “gender identity” as protected classes under Title VII.
The EEOC’s Enforcement Guidance on Harassment in the Workplace stated that sex-based discrimination under Title VII encompassed employment discrimination based on sexual orientation or gender identity. However, Judge Kacsmaryk’s ruling declared this interpretation unlawful.
The legal challenge against the EEOC guidance was brought by the Heritage Foundation, a conservative think tank based in Washington D.C., and the state of Texas. Dr. Kevin Roberts, president of the Heritage Foundation, praised the ruling as a victory against the Biden administration’s attempt to compel businesses and individuals to deny “basic biological truth.”
The White House responded to the ruling by calling it a “major win for women and commonsense.” The judge’s decision aligns with a previous executive order issued by former President Trump on Inauguration Day, which recognized only two sexes, male and female, and called for the rescinding of guidance documents that contradicted this policy.
Despite the Trump administration’s efforts to uphold this executive order, EEOC Commissioners Charlotte Burrows, Jocelyn Samuels, and Kalpana Kotagal maintained that LGBTQI+ workers, including transgender individuals, were protected by federal law and entitled to equal opportunity in the workplace.
Following the departures of Commissioners Samuels and Burrows, the EEOC lacked a quorum to vote on rescinding guidance documents, as noted on the EEOC’s website. The current panel of Commissioners consists of Republican Acting Chair Andrea Lucas and Democrat Commissioner Kalpana Kotagal.
The Texas attorney general’s office and the EEOC did not immediately respond to requests for comment on the ruling. The decision marks a significant legal and cultural victory for those who oppose government-imposed diversity, equity, and inclusion policies that conflict with traditional understandings of sex and gender.
