Current Version
| Region | United States |
| Issue | LGBT employment discrimination |
| Status | Sexual orientation and gender identity |
| Start Date | May 15, 2025 |
| End Date | (none) |
| Description | On June 15th, 2020, the Supreme Court of the United States ruled that discrimination in employment based on sexual orientation or gender identity is illegal under Title VII of the Civil Rights Act of 1964, classified as sex discrimination. However, a federal judge in Texas ruled on May 15th, 2025 that the EEOC's anti-harassment policy which was created in 2024 to expand protections on the basis of sexual orientation and gender identity was beyond the reach of the Bostock v. Clayton County decision. This means that the EEOC can only process complaints that “fall squarely” under legal precedent set by the Supreme Court’s decision and no other interpretations is allowed. Local or state agencies may provide more explicit protections; however, it is important to note that all local and state agencies are required under federal law to dual-file with the EEOC. |
| Sources | https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf https://www.jacksonlewis.com/insights/federal-court-vacated-gender-identity-portions-eeoc-harassment-guidance-employer-uncertainty-remains https://www.eeoc.gov/laws/guidance/enforcement-guidance-harassment-workplace#_Toc164808005 https://www.lgbtqnation.com/2025/07/eeoc-will-consider-trans-discrimination-cases-after-burying-them-for-months/ https://www.tallahassee.com/story/news/local/state/2025/08/13/federal-judge-florida-transgender-teacher-suffered-sex-discrimination/85642108007/ https://www.eeoc.gov/filing-charge-discrimination |
Revision History (8)
edited by mineszilla. For the best it's not federal law since all the state entries reflect their local/state agencies which are also valid
Helpful?
0 | Old Value | New Value (Current) | |
|---|---|---|
| Federal Law | Yes | No |
edited by mineszilla. Bostock is still the law. Executive actions cannot override this. Also, local/state agencies are required to dual-file under federal law.
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | (REMOVED) | Sexual orientation and gender identity |
| Special Status | Varies by Region | Sexual orientation and gender identity |
| Start Date | Jan 28, 2025 | May 15, 2025 |
| Description | EEOC Chair Andrea R. Lucas began weaponizing the agency on January 28th, 2025 by announcing that the EEOC would no longer investigate claims related to sexual orientation and/or gender identity in compliance of EO 14168. Controversy quickly reached headlines in February when the AP reported that 7 gender identity related cases were dismissed by the EEOC. The agency would further weaponize itself by witholding federal funding for local and state human rights commissions that investigate gender identity related cases. More news sources would begin reporting that the EEOC had classified all sexual orientation/gender identity related cases to the lowest priority, ensuring that cases would not be heard and held indefinitely due to "lack of merit". In May, a federal judge in Texas would rule that the EEOC's 2024 anti-harassment policy that protected individuals on the basis of sexual orientation and gender identity was beyond the reach of Bostock, repealing portions of the policy. It is advised to check local and/or state employment nondiscrimination laws for explicit protections to ensure your claim is heard. All claims that go to the EEOC will be in ambiguity due to unclear policies in regards to protecting individuals on the basis of sexual orientation and gender identity. | On June 15th, 2020, the Supreme Court of the United States ruled that discrimination in employment based on sexual orientation or gender identity is illegal under Title VII of the Civil Rights Act of 1964, classified as sex discrimination. However, a federal judge in Texas ruled on May 15th, 2025 that the EEOC's anti-harassment policy which was created in 2024 to expand protections on the basis of sexual orientation and gender identity was beyond the reach of the Bostock v. Clayton County decision. This means that the EEOC can only process complaints that “fall squarely” under legal precedent set by the Supreme Court’s decision and no other interpretations is allowed. Local or state agencies may provide more explicit protections; however, it is important to note that all local and state agencies are required under federal law to dual-file with the EEOC. |
Show Difference | ||
| Federal Law | No | Yes |
| Sources | https://www.pbs.org/newshour/politics/eeoc-moves-to-drop-one-of-its-own-gender-discrimination-cases-to-comply-with-trumps-order https://www.eeoc.gov/newsroom/removing-gender-ideology-and-restoring-eeocs-role-protecting-women-workplace https://www.jacksonlewis.com/insights/federal-court-vacated-gender-identity-portions-eeoc-harassment-guidance-employer-uncertainty-remains https://public-inspection.federalregister.gov/2025-02090.pdf https://www.eeoc.gov/laws/guidance/enforcement-guidance-harassment-workplace#_Toc164808005 https://www.nbcnews.com/nbc-out/out-politics-and-policy/judge-resisted-trumps-order-gender-identity-eeoc-just-fired-rcna215237 https://apnews.com/article/transgender-discrimination-gender-civil-rights-88def3b2a735f09cb79d37fc1125b095 https://apnews.com/article/eeoc-andrea-lucas-senate-hearing-dei-transgender-8cb16648226adc24f04f85bc9a166d21 | https://www.supremecourt.gov/opinions/19pdf/17-1618_hfci.pdf https://www.jacksonlewis.com/insights/federal-court-vacated-gender-identity-portions-eeoc-harassment-guidance-employer-uncertainty-remains https://www.eeoc.gov/laws/guidance/enforcement-guidance-harassment-workplace#_Toc164808005 https://www.lgbtqnation.com/2025/07/eeoc-will-consider-trans-discrimination-cases-after-burying-them-for-months/ https://www.tallahassee.com/story/news/local/state/2025/08/13/federal-judge-florida-transgender-teacher-suffered-sex-discrimination/85642108007/ https://www.eeoc.gov/filing-charge-discrimination |
Show Difference | ||
edited by mineszilla. Summary of the EEOC rabbithole. Local/state agencies have better explicit policies.
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | Sexual orientation only | (REMOVED) |
| Special Status | Sexual orientation only | Varies by Region |
| Description | The EEOC announced that it will set cases to the lowest priority that are related to gender identity, essentially limiting protections to only sexual orientation related cases and ignoring gender identity related cases to comply with Trump's executive order. According to PBS News, "Acting EEOC chair Andrea Lucas, a Republican, signaled her intent to put the agency’s resources behind enforcing Trump’s executive order on gender. She announced in a statement that one of her priorities would be “defending the biological and binary reality of sex and related rights.” Later, she ordered that the EEOC would continue accepting any and all discrimination charges filed by workers, although complaints that “implicate” Trump’s order should be elevated to headquarters for “review.” “Biology is not bigotry. Biological sex is real, and it matters,” Lucas said in her statement. “Sex is binary (male and female) and immutable. It is not harassment to acknowledge these truths — or to use language like pronouns that flow from these realities, even repeatedly.” She removed the agency’s “pronoun app,” which allowed employees to display their pronouns in their Microsoft 365 profiles, among other changes." (Note: Better protections may be offered under a state's FEPA; however, claims are required to be dual-filed with the EEOC under federal law) | EEOC Chair Andrea R. Lucas began weaponizing the agency on January 28th, 2025 by announcing that the EEOC would no longer investigate claims related to sexual orientation and/or gender identity in compliance of EO 14168. Controversy quickly reached headlines in February when the AP reported that 7 gender identity related cases were dismissed by the EEOC. The agency would further weaponize itself by witholding federal funding for local and state human rights commissions that investigate gender identity related cases. More news sources would begin reporting that the EEOC had classified all sexual orientation/gender identity related cases to the lowest priority, ensuring that cases would not be heard and held indefinitely due to "lack of merit". In May, a federal judge in Texas would rule that the EEOC's 2024 anti-harassment policy that protected individuals on the basis of sexual orientation and gender identity was beyond the reach of Bostock, repealing portions of the policy. It is advised to check local and/or state employment nondiscrimination laws for explicit protections to ensure your claim is heard. All claims that go to the EEOC will be in ambiguity due to unclear policies in regards to protecting individuals on the basis of sexual orientation and gender identity. |
Show Difference | ||
| Federal Law | Yes | No |
| Sources | https://www.pbs.org/newshour/politics/eeoc-moves-to-drop-one-of-its-own-gender-discrimination-cases-to-comply-with-trumps-order https://www.eeoc.gov/filing-charge-discrimination https://www.eeoc.gov/newsroom/removing-gender-ideology-and-restoring-eeocs-role-protecting-women-workplace https://www.jacksonlewis.com/insights/federal-court-vacated-gender-identity-portions-eeoc-harassment-guidance-employer-uncertainty-remains | https://www.pbs.org/newshour/politics/eeoc-moves-to-drop-one-of-its-own-gender-discrimination-cases-to-comply-with-trumps-order https://www.eeoc.gov/newsroom/removing-gender-ideology-and-restoring-eeocs-role-protecting-women-workplace https://www.jacksonlewis.com/insights/federal-court-vacated-gender-identity-portions-eeoc-harassment-guidance-employer-uncertainty-remains https://public-inspection.federalregister.gov/2025-02090.pdf https://www.eeoc.gov/laws/guidance/enforcement-guidance-harassment-workplace#_Toc164808005 https://www.nbcnews.com/nbc-out/out-politics-and-policy/judge-resisted-trumps-order-gender-identity-eeoc-just-fired-rcna215237 https://apnews.com/article/transgender-discrimination-gender-civil-rights-88def3b2a735f09cb79d37fc1125b095 https://apnews.com/article/eeoc-andrea-lucas-senate-hearing-dei-transgender-8cb16648226adc24f04f85bc9a166d21 |
Show Difference | ||
edited by mineszilla. Adding clarity to the topic
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Description | The EEOC announced that it will set cases to the lowest priority that are related to gender identity, essentially limiting protections to only sexual orientation related cases and ignoring gender identity related cases to comply with Trump's executive order. According to PBS News, "Acting EEOC chair Andrea Lucas, a Republican, signaled her intent to put the agency’s resources behind enforcing Trump’s executive order on gender. She announced in a statement that one of her priorities would be “defending the biological and binary reality of sex and related rights.” Later, she ordered that the EEOC would continue accepting any and all discrimination charges filed by workers, although complaints that “implicate” Trump’s order should be elevated to headquarters for “review.” “Biology is not bigotry. Biological sex is real, and it matters,” Lucas said in her statement. “Sex is binary (male and female) and immutable. It is not harassment to acknowledge these truths — or to use language like pronouns that flow from these realities, even repeatedly.” She removed the agency’s “pronoun app,” which allowed employees to display their pronouns in their Microsoft 365 profiles, among other changes." Otherwise, protections varies by region. (Note: It is important to file through the state if better or similar protections exist. During government shutdowns, this agency may experience closures causing cases to be halted or completely ignored until the agency reopens!) | The EEOC announced that it will set cases to the lowest priority that are related to gender identity, essentially limiting protections to only sexual orientation related cases and ignoring gender identity related cases to comply with Trump's executive order. According to PBS News, "Acting EEOC chair Andrea Lucas, a Republican, signaled her intent to put the agency’s resources behind enforcing Trump’s executive order on gender. She announced in a statement that one of her priorities would be “defending the biological and binary reality of sex and related rights.” Later, she ordered that the EEOC would continue accepting any and all discrimination charges filed by workers, although complaints that “implicate” Trump’s order should be elevated to headquarters for “review.” “Biology is not bigotry. Biological sex is real, and it matters,” Lucas said in her statement. “Sex is binary (male and female) and immutable. It is not harassment to acknowledge these truths — or to use language like pronouns that flow from these realities, even repeatedly.” She removed the agency’s “pronoun app,” which allowed employees to display their pronouns in their Microsoft 365 profiles, among other changes." (Note: Better protections may be offered under a state's FEPA; however, claims are required to be dual-filed with the EEOC under federal law) |
Show Difference | ||
| Sources | https://www.pbs.org/newshour/politics/eeoc-moves-to-drop-one-of-its-own-gender-discrimination-cases-to-comply-with-trumps-order https://www.eeoc.gov/filing-charge-discrimination https://www.eeoc.gov/newsroom/removing-gender-ideology-and-restoring-eeocs-role-protecting-women-workplace | https://www.pbs.org/newshour/politics/eeoc-moves-to-drop-one-of-its-own-gender-discrimination-cases-to-comply-with-trumps-order https://www.eeoc.gov/filing-charge-discrimination https://www.eeoc.gov/newsroom/removing-gender-ideology-and-restoring-eeocs-role-protecting-women-workplace https://www.jacksonlewis.com/insights/federal-court-vacated-gender-identity-portions-eeoc-harassment-guidance-employer-uncertainty-remains |
Show Difference | ||
edited by mineszilla. temporarily set to federal law until all the states can be addressed in the GAC and discrimination sections to account for bathroom bans, sports bans, schools/universities enacting anti trans policies under federal pressure, and gender clinics closing services for minors
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Value | (REMOVED) | Sexual orientation only |
| Special Status | Varies by Region | Sexual orientation only |
| Federal Law | No | Yes |
edited by mineszilla. found the main source
Helpful?
0 | Old Value | New Value | |
|---|---|---|
| Start Date | Feb 15, 2025 | Jan 28, 2025 |
| Sources | https://www.pbs.org/newshour/politics/eeoc-moves-to-drop-one-of-its-own-gender-discrimination-cases-to-comply-with-trumps-order https://www.eeoc.gov/filing-charge-discrimination | https://www.pbs.org/newshour/politics/eeoc-moves-to-drop-one-of-its-own-gender-discrimination-cases-to-comply-with-trumps-order https://www.eeoc.gov/filing-charge-discrimination https://www.eeoc.gov/newsroom/removing-gender-ideology-and-restoring-eeocs-role-protecting-women-workplace |
Show Difference | ||
edited by mineszilla. adding additional sources and information
Helpful?
0 | Old Value (Original) | New Value | |
|---|---|---|
| Value | Sexual orientation only | (REMOVED) |
| Special Status | Sexual orientation only | Varies by Region |
| Description | The EEOC announced that it will set cases to the lowest priority that are related to gender identity. According to PBS News, "Acting EEOC chair Andrea Lucas, a Republican, signaled her intent to put the agency’s resources behind enforcing Trump’s executive order on gender. She announced in a statement that one of her priorities would be “defending the biological and binary reality of sex and related rights.” Later, she ordered that the EEOC would continue accepting any and all discrimination charges filed by workers, although complaints that “implicate” Trump’s order should be elevated to headquarters for “review.” “Biology is not bigotry. Biological sex is real, and it matters,” Lucas said in her statement. “Sex is binary (male and female) and immutable. It is not harassment to acknowledge these truths — or to use language like pronouns that flow from these realities, even repeatedly.” She removed the agency’s “pronoun app,” which allowed employees to display their pronouns in their Microsoft 365 profiles, among other changes." | The EEOC announced that it will set cases to the lowest priority that are related to gender identity, essentially limiting protections to only sexual orientation related cases and ignoring gender identity related cases to comply with Trump's executive order. According to PBS News, "Acting EEOC chair Andrea Lucas, a Republican, signaled her intent to put the agency’s resources behind enforcing Trump’s executive order on gender. She announced in a statement that one of her priorities would be “defending the biological and binary reality of sex and related rights.” Later, she ordered that the EEOC would continue accepting any and all discrimination charges filed by workers, although complaints that “implicate” Trump’s order should be elevated to headquarters for “review.” “Biology is not bigotry. Biological sex is real, and it matters,” Lucas said in her statement. “Sex is binary (male and female) and immutable. It is not harassment to acknowledge these truths — or to use language like pronouns that flow from these realities, even repeatedly.” She removed the agency’s “pronoun app,” which allowed employees to display their pronouns in their Microsoft 365 profiles, among other changes." Otherwise, protections varies by region. (Note: It is important to file through the state if better or similar protections exist. During government shutdowns, this agency may experience closures causing cases to be halted or completely ignored until the agency reopens!) |
Show Difference | ||
| Sources | https://www.pbs.org/newshour/politics/eeoc-moves-to-drop-one-of-its-own-gender-discrimination-cases-to-comply-with-trumps-order | https://www.pbs.org/newshour/politics/eeoc-moves-to-drop-one-of-its-own-gender-discrimination-cases-to-comply-with-trumps-order https://www.eeoc.gov/filing-charge-discrimination |
Show Difference | ||
created by mineszilla
Helpful?
0 | Original entry | |
|---|---|
| Status | Sexual orientation only |
| Start Date | Feb 15, 2025 |
| End Date | (none) |
| Description | The EEOC announced that it will set cases to the lowest priority that are related to gender identity. According to PBS News, "Acting EEOC chair Andrea Lucas, a Republican, signaled her intent to put the agency’s resources behind enforcing Trump’s executive order on gender. She announced in a statement that one of her priorities would be “defending the biological and binary reality of sex and related rights.” Later, she ordered that the EEOC would continue accepting any and all discrimination charges filed by workers, although complaints that “implicate” Trump’s order should be elevated to headquarters for “review.” “Biology is not bigotry. Biological sex is real, and it matters,” Lucas said in her statement. “Sex is binary (male and female) and immutable. It is not harassment to acknowledge these truths — or to use language like pronouns that flow from these realities, even repeatedly.” She removed the agency’s “pronoun app,” which allowed employees to display their pronouns in their Microsoft 365 profiles, among other changes." |
| Sources | https://www.pbs.org/newshour/politics/eeoc-moves-to-drop-one-of-its-own-gender-discrimination-cases-to-comply-with-trumps-order |