Trump-appointed EEOC chair requires final review of some transgender discrimination claims, signaling policy shift.

EEOC to Allow Select Transgender Workplace Claims

The U.S. Equal Employment Opportunity Commission (EEOC) has refined its approach to transgender workplace discrimination, permitting certain complaints to proceed after a period of broad restrictions. This policy change follows an internal email from Thomas Colclough, director of the agency’s Office of Field Programs, directing EEOC leaders to resume processing complaints involving the hiring, firing, or promotion of transgender workers.

However, under new guidelines, such cases must undergo heightened scrutiny, requiring the final approval of acting EEOC chair Andrea Lucas, who was appointed by President Donald Trump. Lucas, known for prioritizing what she calls the “biological and binary reality of sex,” has already dropped several lawsuits concerning alleged discrimination against transgender workers, defending her decisions by citing Trump’s executive order recognizing only two sexes: male and female.

Lucas addressed her approach during a recent Senate committee confirmation hearing. She acknowledged the significance of the 2020 Supreme Court decision in Bostock v. Clayton County, which held that discrimination based on sex includes firing an individual because they are transgender or gay. Despite the court’s ruling, Lucas emphasized that the EEOC’s latest policy ensures only cases that “fall squarely under” the Supreme Court’s definition—specifically hiring, firing, and promotion—will be considered for further action.

Expanded Review Raises Concerns Among Advocates

The policy shift marks a departure from earlier EEOC guidance that indefinitely halted cases related to transgender workplace discrimination. In 2014, the agency set a precedent by siding with a transgender Army civilian employee who faced discrimination after her employer refused to use her preferred pronouns or grant access to gender-appropriate facilities. Under Lucas, however, broader complaints—especially those involving harassment or retaliation—remain unclear under the agency’s revised process.

An EEOC spokesperson, responding to inquiries, said, “Under federal law, charge inquiries and charges of discrimination made to the EEOC are confidential. Pursuant to Title VII and as statutorily required, the EEOC is, has been, and will continue to accept and investigate charges on all bases protected by law.” However, the agency declined to comment on the specifics of its updated policy or on the timeline for case review and resolution.

Former EEOC commissioner Chai Feldblum, who served under President Barack Obama, described the changes as a limited improvement but warned of continued problems. “It is a slight improvement because it will allow certain claims of discrimination to proceed,” Feldblum said. “But overall it does not fix a horrific and legally improper situation currently occurring at the EEOC.”

Colclough’s internal communication did not clarify whether cases involving harassment, retaliation, or other issues could advance, nor did it provide details on how long the approval process might take. Feldblum argued that the lack of clarity leaves both staff and the public uncertain about which charges will move forward.

Ongoing Debate Over Fairness and Transparency

The EEOC’s evolving approach to transgender workplace rights reflects larger national debates over civil rights and gender identity. While the new policy represents a modest reopening of the agency’s doors to transgender workers seeking redress, advocates argue that the requirement for high-level review and the lack of transparent guidance may continue to disadvantage those facing discrimination.

As the agency moves forward under Trump’s renewed leadership, the final impact of these changes will be closely watched by civil rights groups, employers, and employees across the country, with many calling for clearer standards and a commitment to equal protection for all workers.