In State of Texas v. EEOC, (ND TX, May 15, 2025), a Texas federal district judge held that portions of the EEOC's 2024 Enforcement Guidance on Harassment in the Workplace are contrary to law. The court held that Guidance requiring bathroom, dress and pronoun accommodations for transgender employees are inconsistent with the text, history and tradition of Title VII. The court said in part:
First, the Enforcement Guidance contravenes Title VII's plain text by expanding the scope of "sex" beyond the biological binary: male and female....
The court invalidated the portions of the Enforcement Guidance which define "sex" in Title VII to include "sexual orientation" and "gender identity" and which define sexual orientation and gender identity as protected classes. The court also specifically invalidated an Example of a Hostile Work Environment that focused on regular and intentional misgendering (using pronoun that does not match gender identity) of a transgender employee by supervisors, coworkers, and customers. AP reports on the decision.
