Employment Law Update: Texas Federal Court Strikes Down EEOC’s Harassment Guidance Related to Transgender Employees
Date: May 29, 2025
By:
Caitlin E. Tobin
The vacated Guidance, issued in April 2024, promulgated the EEOC’s position that harassment based on sexual orientation and gender identity, including issues such as pronoun usage and access to bathrooms consistent with an individual’s gender identity, constituted unlawful sex discrimination under Title VII of the 1964 Civil Rights Act.
On May 15, however, U.S. District Judge Matthew J. Kacsmaryk found that the EEOC overstepped its authority by expanding the definition of sex discrimination “beyond the biological binary” and misinterpreted the Supreme Court’s decision in Bostock v. Clayton County. In Judge Kacsmaryk’s view, Bostock addressed only whether Title VII prohibits discrimination on the basis of sexual orientation and gender identity and did not redefine “sex” under Title VII.
This ruling has a nationwide effect, and the EEOC has updated its website to reflect which portions of the guidance are no longer enforced. The EEOC is unlikely to enforce the vacated portions of its prior guidance, particularly given the current shift in enforcement priorities in the new administration. Many protections for LGBTQ+ employees, however, remain unchanged, particularly at the state and local levels. Many state and local laws continue to provide explicit protections on the basis of sexual orientation and gender identity, some of which are as expansive as the vacated guidance.
Employers are encouraged to review workplace policies and training materials to ensure compliance with both federal and state laws. For assistance with compliance review or handling employee complaints related to gender identity or sexual orientation, please reach out to Whiteford’s Labor and Employment attorneys.
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.