On May 15, 2025, a federal judge in Texas struck down significant portions of the United States Equal Employment Opportunity Commission’s (EEOC) workplace harassment guidance. The court ruled that the EEOC overstepped its statutory authority by requiring employers to make accommodations related to bathroom access, dress preferences, and pronoun usage for employees based on gender identity.
The judge stated that these provisions were inconsistent with the text, history, and tradition of Title VII of the Civil Rights Act, as well as recent Supreme Court precedent. This decision follows policy changes under the Trump administration, including efforts by the new EEOC Acting Chair to remove references to gender ideology from agency materials.
Timeline of Key Developments
Reminding us how we got here, the following is a timeline of key developments.
- 2020 – Supreme Court’s Landmark Decision in Bostock v. Clayton County: The United States Supreme Court ruled that discrimination based on sexual orientation or gender identity is a form of sex discrimination under Title VII. The Court held that employers cannot fire someone simply for being gay or transgender.
- 2021 – EEOC Issues Technical Assistance: The EEOC released guidance stating that denying access to bathrooms, locker rooms, or showers aligned with an employee’s gender identity – or repeatedly, intentionally misgendering an employee – may constitute unlawful harassment under Title VII. This guidance later was enjoined by a federal court in Texas.
- 2024 – EEOC Updates Harassment Guidance: The EEOC issued its first comprehensive update to its workplace harassment guidance in 30 years, reinforcing that harassment based on sexual orientation or gender identity may violate Title VII. The agency framed this as a natural extension of Bostock.
- 2024 – Texas v. EEOC Filed: The State of Texas and a conservative legal group sued the EEOC, challenging the 2024 harassment guidance as exceeding the agency’s authority. A related case remains pending in federal court in Tennessee.
- January 20, 2025 – Executive Order 14168 Issued: President Trump issued an executive order titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” The order directed agencies to recognize only two biological sexes and instructed the EEOC to roll back Biden-era LGBTQ+ workplace guidance.
- January 28, 2025 – Leadership Shift at the EEOC: Andrea R. Lucas, a vocal critic of gender identity protections, was appointed Acting Chair of the EEOC. Lucas announced intentions to uphold single-sex workplace spaces and eliminate gender ideology from agency materials.
Key Takeaways/Next Steps
What should employers do now? Keeping in mind that it is still unclear whether the court’s order has nationwide impact, making next steps unclear at this time, employers should consider the following:
- Review Existing Policies: Carefully reassess workplace policies and training materials related to sexual orientation and gender identity accommodations. Ensure they reflect your organization’s values but also align with current legal interpretations of Title VII and state and local law. Remember that state and local laws may give employees additional protections that Title VII does not.
- Understand the Legal Landscape: The Supreme Court’s decision in Bostock remains good law. Moreover, this ruling does not prohibit employers from voluntarily adopting inclusive policies. However, it removes certain federal mandates that required accommodations based on gender identity, such as access to bathrooms or pronoun usage policies.
- Stay Alert to Further Developments: This is part of an evolving legal battle over the interpretation of Bostock v. Clayton County (2020). Additional challenges are pending, and the issue ultimately may return to the Supreme Court, at which time legal obligations for employers could shift again.
Employers should consult with experienced human resources professionals and/or labor and employment counsel with any questions regarding these complex employment law issues. For all MEA members, the Hotline is available to provide this assistance. For MEA Essential and Premier members, a Member Legal Services attorney is available for additional consultation.
*This Alert is provided for general informational purposes only and does not constitute legal advice.
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