Federal agency sued for failing to enforce employment protections for transgender workers
by Brooke Migdon
The Equal Employment Opportunity Commission (EEOC), the federal agency responsible for enforcing laws against workplace discrimination, has refused since January to fully enforce employment protections for transgender workers, two left-leaning legal organizations argue in a new lawsuit.
A
complaint filed Tuesday by Democracy Forward and the National Women’s Law Center (NWLC) on behalf of FreeState Justice, a Maryland nonprofit, alleges the EEOC and its acting chair, Andrea Lucas, are violating federal civil rights law, the Constitution and Supreme Court precedent by declining to process certain discrimination complaints raised by transgender workers.
The EEOC first halted the charge-investigation process for charges tied to sexual orientation or gender identity in January, the lawsuit alleges, following
an executive order from President Trump declaring that the U.S. recognizes only two unchangeable sexes, male and female. In April, the agency directed staff to classify charges of gender identity discrimination as meritless and put them on hold,
the Associated Press reported at the time.
In a July email to staff that was
first reported by the Washington Post, Thomas Colclough, director of the EEOC’s field operations, said the agency would only process cases that “fall squarely” under the Supreme Court’s 2020 ruling in Bostock v. Clayton County, which found that firing transgender workers because of their gender identity violates Title VII of the Civil Rights Act of 1964.
The agency would process standalone hiring, dismissal and promotion charges brought by transgender workers, Colclough wrote, but would not ....
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