The Equal Employment Opportunity Commission (EEOC), the federal agency responsible for safeguarding workers’ civil rights, has decided to classify all new cases related to gender identity discrimination as its lowest priority. This change means that these cases are effectively placed on hold, as reported by two agency employees familiar with the situation.
During a recent meeting, the EEOC clarified its approach to handling complaints concerning gender identity discrimination. This shift aligns with President Donald Trump’s executive order from January 20, which recognized only two biological sexes: male and female.
Agency employees indicated that staff handling incoming discrimination charges have been directed to label these cases as “C,” the lowest category in their system, typically reserved for complaints deemed to lack merit. These employees spoke on the condition of anonymity as they were not authorized to discuss the meeting’s particulars.
An EEOC spokesperson declined to comment on the specifics of the meeting, citing federal law restrictions on discussing investigatory practices.
This new directive represents a significant retreat from the EEOC’s previous commitment to defend the rights of transgender and nonbinary workers, reflecting a broader shift in civil rights enforcement during the Trump administration. Earlier this year, the EEOC also moved to dismiss seven ongoing lawsuits regarding discrimination against transgender and nonbinary individuals.
EEOC Acting Chair Andrea Lucas, a Republican, has prioritized implementing Trump’s order and upholding the biological notion of sex. She had previously mandated that any discrimination charges related to gender identity be forwarded to headquarters for consideration.
However, the recent decision to downgrade gender identity-related complaints leaves transgender and nonbinary individuals with minimal options for recourse. In many cases, workers must file complaints through the EEOC before taking further legal action. By categorizing these cases as low priority, the agency is effectively suggesting that such complaints are without merit, according to former EEOC commissioner Chai Feldblum.
Feldblum noted that the agency’s approach of labeling these cases as “C” charges signals a failure to fulfill its duty. While the EEOC has stated that it will still issue “right to sue” notices upon request, allowing workers the option to pursue individual lawsuits, it has made clear that it will take no further action if mediation does not resolve the dispute.
The EEOC’s new strategy on gender identity discrimination cases has sparked a debate regarding its compliance with the Supreme Court’s 2020 ruling in the Bostock v. Clayton County case, which concluded that Title VII of the Civil Rights Act prohibits workplace discrimination based on gender identity.
Civil rights advocates have accused the EEOC of straying from its responsibilities and undermining the Supreme Court’s authority by discontinuing gender-identity lawsuits. While Lucas has acknowledged the EEOC’s obligation to follow Trump’s executive orders, she has not directly addressed concerns about potential conflicts with the Supreme Court’s rulings.
In recent years, the EEOC has received over 3,000 complaints alleging discrimination based on sexual orientation or gender identity, reflecting a continuous trend in the number of cases filed.
