Federal judge strikes down workplace protections for transgender workers
Share this @internewscast.com

A federal judge in Texas has invalidated a government agency’s guidance that established workplace harassment protections related to gender identity and sexual orientation.

On Thursday, Judge Matthew J. Kacsmaryk of the U.S. District Court for the Northern District of Texas ruled that the U.S. Equal Employment Opportunity Commission (EEOC) had overstepped its legal powers. This decision followed the EEOC’s issuance of guidelines that advised employers against intentionally misusing pronouns for employees, denying access to restrooms that align with employees’ gender identities, and forbidding the wearing of attire that adheres to dress codes based on gender identity. These acts were emphasized as potential forms of workplace harassment.

The 1964 Civil Rights Act’s Title VII safeguards employees and job seekers from discriminatory practices in employment based on race, color, religion, sex, and national origin.


Judge Matthew J. Kacsmaryk struck down guidance from a government agency establishing protections against workplace harassment based on gender identity and sexual orientation. AP

The EEOC, which enforces workplace anti-discrimination laws, had updated its guidance on workplace harassment in April of last year under President Joe Biden for the first time in 25 years.

It followed a 2020 Supreme Court ruling that gay, lesbian and transgender people are protected from employment discrimination.

Texas and the Heritage Foundation, the conservative think tank behind Project 2025, in August challenged the guidance, which the agency says serves as a tool for employers to assess compliance with anti-discrimination laws and is not legally binding.

Kacsmaryk disagreed, writing that the guidance creates “mandatory standards … from which legal consequences will necessarily flow if an employer fails to comply.”

The decision marks the latest blow to workplace protections for transgender workers following President Donald Trump’s Jan. 20 executive order declaring that the government would recognize only two “immutable” sexes — male and female.

Kacsmaryk, a 2017 Trump nominee, invalidated all portions of the EEOC guidance that defines “sex” to include “sexual orientation” and “gender identity,” along with an entire section addressing the subject.


This follows the 2020 Supreme Court ruling that gay, lesbian, and transgender people are protected from employment discrimination. Bloomberg via Getty Images

“Title VII does not require employers or courts to blind themselves to the biological differences between men and women,” he wrote in the opinion.

Heritage Foundation president Kevin Roberts commended the decision in an emailed statement: “The Biden EEOC tried to compel businesses — and the American people — to deny basic biological truth. Today, thanks to the great state of Texas and the work of my Heritage colleagues, a federal judge said: not so fast.”

He added: “This ruling is more than a legal victory. It’s a cultural one. It says no — you don’t have to surrender common sense at the altar of leftist ideology. You don’t have to pretend men are women.”

Texas Attorney General Ken Paxton also touted the victory against “Biden’s ‘Pronoun Police’ Rule” in a Friday press release, saying: “The federal government has no right to force Texans to play along with delusions or ignore biological reality in our workplaces.”

The National Women’s Law Center, which filed an amicus brief in November in support of the harassment guidance, blasted the decision in an emailed statement.

“The district court’s decision is an outrage and blatantly at odds with Supreme Court precedent,” said Liz Theran, senior director of litigation for education and workplace justice at NWLC.

“The EEOC’s Harassment Guidance reminds employers and workers alike to do one simple thing that should cost no one anything: refrain from degrading others on the job based on their identity and who they love. This decision does not change the law, but it will make it harder for LGBTQIA+ workers to enforce their rights and experience a workplace free from harassment.”

Kacsmaryk offered a more narrow interpretation of Bostock v. Clayton County, the landmark Supreme Court case that established discrimination protections for LGBTQ+ workers, saying in his decision that the Supreme Court “firmly refused to expand the definition of ‘sex’ beyond the biological binary,” and found only that employers could not fire workers for being gay or transgender.

Employment attorney Jonathan Segal, a partner at Duane Morris who advises companies on how best to comply with anti-discrimination laws, emphasized that legal minds may disagree on the scope of Bostock, and Kacsmaryk’s decision is just one interpretation.

“If you assume that a transgender employee has no rights beyond not being fired for transgender status, you are likely construing their rights too narrowly under both federal and state law,” which would put employers in a risky position, Segal said.

And regardless of whether explicit guidance is in place, employers still need to address gender identity conflicts in the workplace, according to Tiffany Stacy, an Ogletree Deakins attorney in San Antonio who defends employers against claims of workplace discrimination.

“From a management perspective, employers should be prepared to diffuse those situations,” Stacy said.

The EEOC in fiscal year 2024 received more than 3,000 charges alleging discrimination based on sexual orientation or gender identity, and 3,000-plus in 2023, according to the agency’s website.

Share this @internewscast.com
You May Also Like
Sharon Osbourne mourns death of beloved dog Elvis

Sharon Osbourne Heartbroken Over Loss of Cherished Dog Elvis

Sharon Osbourne recently mourned the passing of her beloved 14-year-old dog, Elvis,…
Louvre museum closed after robbery, French official says

Shocking Heist Forces Louvre Museum Closure: French Authorities Investigate

In an audacious heist, thieves infiltrated the Louvre museum in Paris, making…
Medicare costs are rising in 2026. Here's how to save during open enrollment

Unlock Savings: Navigate Rising Medicare Costs with Expert Tips for 2026 Open Enrollment

According to a recent survey by NerdWallet, nearly 64% of Americans are…
Former MLB player Jesús Montero dies two weeks after motorcycle crash

Tragic Loss: Ex-MLB Star Jesús Montero Passes Away Following Motorcycle Accident

CARACAS (AP) — Venezuelan Jesús Montero, who once graced the fields with…
Israel says Hamas violated ceasefire with 'multiple attacks' leading to IDF response

Israel Accuses Hamas of Breaching Ceasefire with ‘Multiple Attacks,’ Prompting IDF Retaliation

The Israeli military launched airstrikes against Hamas in Gaza, alleging that the…
Chicago Mayor Brandon Johnson declares Oct. 19 'Love Your Lungs Day' as doctors gather at McCormick Place for CHEST conference

Chicago Mayor Proclaims ‘Love Your Lungs Day’ on Oct. 19 Amid Major CHEST Conference at McCormick Place

Thousands of medical professionals have gathered in Chicago this weekend to focus…
Authorities investigate the death of a rail conductor who was struck by a train in Montana

Montana Rail Tragedy: Authorities Probe Fatal Incident Involving Conductor Struck by Train

COLUMBUS, Montana — Authorities are investigating a tragic incident involving a rail…
Chicago Bears game today: Teams seeks fourth straight win, look to avoid letdown against NFC-worst Saints Sunday at Soldier Field

Chicago Bears Aim for Fourth Consecutive Win Against Struggling Saints at Soldier Field

CHICAGO — This Sunday, the Chicago Bears aim to continue their winning…
Limp Bizkit bassist Sam Rivers has died

Limp Bizkit Bassist Sam Rivers Passes Away: A Tribute to the Iconic Musician

Sam Rivers, the original bassist for the iconic band Limp Bizkit, has…
Convicted child killer of Etan Patz must be retried by June deadline or walk free from custody: judge

Urgent Retrial Deadline Looms for Convicted Child Killer of Etan Patz: Freedom at Stake

In a significant development, a federal judge has ruled that a man…
Two IDF soldiers killed amid 'severe' ceasefire violation, 'it's not the last,' analyst says

Ceasefire Shattered: Two IDF Soldiers Killed, Analyst Warns of More to Come

Two soldiers from the Israel Defense Forces (IDF) have been killed by…
Brandy and Monica Chicago news: Brandy walks off stage during United Center concert for 'The Boy Is Mine' tour

Brandy’s Unexpected Exit at United Center: ‘The Boy Is Mine’ Tour Takes Dramatic Turn in Chicago

CHICAGO—During a Saturday night performance at the United Center, acclaimed singer Brandy…