Gender Identity

Consistent with the Trump Administration’s longstanding stance on “gender ideology,” several recent legal developments have curtailed or sought to limit LGBTQ rights.  Collectively, these actions reflect a broader trend of renewed efforts to limit LGBTQ protections at the federal and state levels.  Despite these efforts, sexual orientation and gender identity remain protected characteristics under federal and many state and local antidiscrimination laws.… Continue Reading

The U.S. Equal Employment Opportunity Commission (“EEOC”) has voted to rescind Biden-era anti-harassment guidance. The rescinded guidance had consolidated and replaced multiple prior EEOC harassment guidance documents and was intended to serve as a single, unified agency resource on workplace harassment law.  It was anticipated that the EEOC might limit the recission to those portions that pertained to harassment on the basis of sexual orientation and transgender status, but the Commission voted to rescind the guidance in its entirety.… Continue Reading

Marc Seawright, former Director of Information Governance and Strategy at the Equal Employment Opportunity Commission (EEOC), submitted a formal complaint with the EEOC alleging discrimination and harassment based on sex (specifically, gender identity and sexual orientation), as well as a hostile work environment. Seawright, who identifies as a queer transgender man, resigned from his position on June 18, 2025.… Continue Reading

A federal judge in Texas issued a decision on May 15, 2025, striking down portions of the EEOC’s Enforcement Guidance on protections against employment discrimination based on gender identity and/or sexual orientation. District Judge Matthew J. Kacsmaryk, who has served as a judge in the U.S. District Court for the Northern District of Texas since appointed by President Trump in 2019, found that the EEOC had exceeded its statutory authority in issuing the guidance and granted summary judgment in favor of the plaintiffs, thereby vacating the guidance nationwide.… Continue Reading

The 2024 EEO-1 Component 1 data collection window opened on May 20, 2025, and the deadline to file the 2024 EEO-1 Component 1 report is June 24, 2025. Filers should note that the collection window is shorter this year, and that beginning this year, all communications sent to filers will be electronic.… Continue Reading

Within the last two months, both the Equal Employment Opportunity Commission (EEOC) and the armed services have followed Trump Administration directives to narrow or eliminate protections for transgender individuals.

EEOC Withdraws Lawsuits.  Aligning with Executive Order 14168 (Jan. 20, 2025) announcing that the federal government will recognize only male/female as the two “immutable biological classifications,” the EEOC has deprioritized transgender discrimination charges and moved to dismiss at least seven lawsuits brought on behalf of transgender employees.… Continue Reading