The U.S. Equal Employment Opportunity Commission (EEOC), the federal agency responsible for enforcing laws against workplace discrimination, has announced a modified approach to handling complaints by transgender workers. Previously, the EEOC had indefinitely halted cases alleging workplace discrimination against transgender people, but a recent change allows some complaints to proceed if they involve hiring, firing, or promotion. This shift comes as part of the agency’s ongoing efforts to align with the policy priorities of President Donald Trump, who has consistently advocated for a more traditional understanding of sex and gender.
Thomas Colclough, director of the EEOC’s Office of Field Programs, sent an email to agency leaders this month indicating that complaints about transgender workers that involve these specific employment actions should continue to be processed. Despite this change, the affected complaints will still face heightened scrutiny, requiring approval from acting EEOC chair Andrea Lucas, a Trump appointee who has publicly emphasized the importance of defending the biological and binary reality of sex. Lucas, who was confirmed to her position in early 2024, has stated that one of her key priorities is to ensure that legal interpretations of sex align with traditional definitions, reflecting a broader conservative agenda on social issues.
Under Lucas’s leadership, the EEOC has been increasingly focused on cases that fall squarely under the Supreme Court’s interpretation of Title VII, as outlined in the Bostock v. Clayton County ruling. This landmark decision in 2020 established that discrimination based on sexual orientation or gender identity is a form of sex discrimination. However, the new policy does not fully restore the previous approach, which included protecting transgender workers under Title VII. Instead, it appears that the EEOC is adopting a more selective approach, ensuring that only specific employment-related complaints are prioritized. Legal experts and former EEOC commissioners have noted that while this change is a modest improvement, it does not resolve the broader legal challenges facing transgender workers in the workplace.
Notably, the EEOC has also been moving away from its previous interpretation of civil rights law that protected transgender individuals from workplace discrimination. Since Trump’s return to the presidency in January 2024, the agency has taken steps to align its policies with the administration’s social and legal priorities. This includes dropping several lawsuits against transgender workers and defending these decisions based on Trump’s executive orders that define sex in binary terms. While Lucas acknowledged the significance of the Bostock ruling, she has emphasized the need for legal interpretations that reflect traditional views of gender and sex.
Despite the policy shift, the EEOC remains cautious in its approach to transgender workplace discrimination claims. The agency has not provided clear guidance on how long the review process might take, nor has it clarified whether other forms of discrimination, such as harassment or retaliation, will be eligible for consideration. Legal analysts, including former EEOC commissioner Chai Feldblum, who was appointed by former President Barack Obama, have expressed concerns that the current approach does not adequately address the legal and social challenges faced by transgender individuals in the workforce. Feldblum has criticized the EEOC for failing to provide a clear and comprehensive framework for handling such complaints, calling the current process a ‘slight improvement’ that does not resolve the ‘horrific and legally improper situation’ currently occurring within the agency.
The EEOC has not commented on the specifics of its updated policy, stating that its primary objective is to ensure that all complaints are reviewed in accordance with federal law. However, the agency’s actions have sparked debate about the extent to which its policies reflect broader political and social priorities. The decision to allow some complaints to proceed while maintaining heightened scrutiny underscores the EEOC’s commitment to aligning its practices with the administration’s approach to gender and sex-related issues. As the agency moves forward, the impact of its revised policy on transgender workers and the broader legal landscape remains a topic of significant interest and concern.