Eighteen Republican-led states filed a lawsuit against the Biden administration over new federal guidance aimed at protecting transgender Americans from workplace discrimination. The lawsuit, led by Tennessee, argues that the Equal Employment Opportunity Commission’s new rules force employers to recognize trans workers’ pronouns and allow them to use restrooms and wear clothing according to their gender identities. The states claimed that the EEOC unlawfully expanded Title VII of the Civil Rights Act of 1964 by doing so, which prohibits workplace discrimination based on sex.
The lawsuit, filed against the EEOC and the Department of Justice, asserts that the federal agency’s guidance violates the separation of powers outlined in the Constitution by overstepping the authority of elected representatives. The plaintiffs, including Alabama, Alaska, Arkansas, Georgia, and others, argue that the new rules infringe on women’s private spaces and punish the use of biologically-accurate pronouns at the expense of employers in their states. The EEOC, a bipartisan agency under the Department of Labor, was formed in 1964 to enforce anti-discrimination protections in the workplace.
The new guidance on workplace harassment for LGBTQ individuals is part of a broader package of guidelines released by the EEOC last month. The agency’s rules are based on a 2020 Supreme Court ruling in Bostock v. Clayton County, which determined that discrimination based on sexual orientation or gender identity qualifies as sex-based discrimination prohibited under Title VII. However, the 18 attorneys general who filed the lawsuit interpret the Supreme Court’s decision differently, arguing that it does not require employers to make accommodations for workers’ gender identity and sexual orientation.
The group of Republican-led states, including some that sued the EEOC over the guidance for trans workers, have also filed lawsuits against the Education Department for rules regarding protections for trans students in schools and against the EEOC for allowing workers time off for abortions. The states believe that the EEOC overstepped its authority in implementing these rules and that they raise constitutional concerns. The lawsuits reflect an ongoing battle between conservative states and the federal government over issues related to gender identity, LGBTQ rights, and workplace discrimination.
The lawsuit filed by the 18 states against the Biden administration highlights a broader debate over the interpretation and implementation of anti-discrimination laws in the workplace. While the EEOC’s guidelines aim to protect transgender individuals from discrimination, the plaintiffs argue that they infringe on employers’ rights and go beyond the scope of federal law. The outcome of these legal battles will have significant implications for transgender rights and workplace protections in the United States, as well as for the balance of power between state and federal authorities.
As the legal challenges continue, the debate over transgender rights and workplace discrimination is likely to intensify, with implications for LGBTQ individuals across the country. The Biden administration’s efforts to expand protections for transgender Americans face resistance from Republican-led states, who argue that federal agencies are overstepping their bounds and infringing on states’ rights. The outcome of these lawsuits will shape the legal landscape for transgender rights and workplace protections in the United States and have broader implications for the ongoing debate over LGBTQ equality and civil rights.
