A 20-state coalition led by Tennessee Attorney General Herbert Slattery filed suit in a Tennessee federal district court challenging interpretations of anti-discrimination laws by the Department of Education and the EEOC. In response to an Executive Order issued by President Biden, these two agencies issued interpretations protecting against discrimination on the basis of sexual orientation or gender identity. The complaint (full text) in State of Tennessee v. U.S. Department of Education, (ED TN, filed 8/30/2021), contends in part:
[T]he Department of Education ... and Equal Employment Opportunity Commission ..., each flouting procedural requirements in their rush to overreach, issued “interpretations” of federal antidiscrimination law far beyond what the statutory text, regulatory requirements, judicial precedent, and the Constitution permit.
The relief requested by plaintiffs particularly focuses on concerns over transgender rights under Title VII and Title IX.
Tennessee's Attorney General issued a press release announcing the filing of the lawsuit.
