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3d ago

Federal Judge Strikes Down Key Provisions of Biden-Era EEOC Gender Identity Guidance

Judge Kacsmaryk vacates portions of the EEOC's 2024 guidance on transgender workplace policies, citing overreach and conflict with federal law.

FILE - The emblem of the U.S. Equal Employment Opportunity Commission (EEOC) is shown on a podium in Vail, Colorado, Feb. 16, 2016, in Denver. (AP Photo/David Zalubowski, File)
Judge's gavel over red and black background
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Overview

  • Judge Matthew J. Kacsmaryk ruled that the EEOC's 2024 guidance unlawfully redefined 'sex' under Title VII to include sexual orientation and gender identity.
  • The ruling vacates sections of the guidance requiring employers to adopt transgender policies, including pronoun use and bathroom access.
  • The EEOC guidance, while nonbinding, was challenged by Texas and The Heritage Foundation for exceeding the agency's authority under the Administrative Procedure Act.
  • Despite the ruling, the guidance technically remains in effect as the EEOC lacks a quorum to formally rescind it.
  • The White House and conservative groups, including The Heritage Foundation, praised the decision as a victory for 'common sense' and legal clarity.