Published Date: 16.05.2025 15:03 / Politics

Judge Overturns EEOC Sex Identity Rule

Judge Overturns EEOC Sex Identity Rule

A Trump-appointed federal judge struck down parts of Biden-era EEOC guidance that defined sex-based discrimination to include sexual orientation and gender identity.

Federal Court Rules EEOC Guidance Contradicts Title VII

A federal judge appointed by President Donald Trump has invalidated significant portions of guidance issued by the Equal Employment Opportunity Commission (EEOC) under the Biden administration, ruling that the interpretation of Title VII protections to include sexual orientation and gender identity is “contrary to law.”

Judge Matthew J. Kacsmaryk of the U.S. District Court for the Northern District of Texas delivered the ruling in response to a legal challenge filed by the state of Texas and the Heritage Foundation, a prominent conservative think tank based in Washington, D.C. The court found that the EEOC’s definition of “sex” in Title VII to encompass gender identity and sexual orientation exceeded its statutory authority and lacked legal standing.

The EEOC’s guidance, formally titled Enforcement Guidance on Harassment in the Workplace, stated that “sex-based discrimination under Title VII includes employment discrimination based on sexual orientation or gender identity.” The guidance added that such harassment included treatment based on how individuals express their identity. However, the guidance also acknowledged it did not carry the force of law and was not binding on the public.

The lawsuit, brought forth earlier this year, contended that the EEOC overstepped its legal mandate. Judge Kacsmaryk’s ruling supports that view, effectively halting federal enforcement of the EEOC’s interpretation as it applies to these protected categories.

Conservative Victory and Institutional Pushback

Heritage Foundation President Dr. Kevin Roberts hailed the decision as a broader ideological victory. “This ruling is more than a legal victory. It’s a cultural one,” Roberts said in a statement. “It says no – you don’t have to surrender common sense at the altar of leftist ideology.” He emphasized that the ruling affirms the rights of employers not to accommodate policies they view as in conflict with biological definitions of sex.

The White House echoed the ruling's significance. Spokesman Harrison Fields said the court confirmed the Trump administration’s position that “government-imposed DEI policies requiring bathroom, dress, and pronoun accommodations are illegal.”

The decision also aligns with President Trump’s executive order issued earlier this year on Inauguration Day, which reasserted the federal government’s recognition of “two sexes, male and female.” That order explicitly instructed federal agencies to rescind guidance documents inconsistent with that principle, including the EEOC's harassment guidelines.

In a joint statement issued following Trump’s order, Democratic EEOC Commissioners Charlotte Burrows, Jocelyn Samuels, and Kalpana Kotagal defended the agency’s prior stance, asserting that LGBTQI+ individuals, including transgender workers, are protected under federal employment law. However, Samuels and Burrows were later informed of their removal by the Trump administration in January.

The EEOC now faces a governance dilemma. According to the agency’s website, it currently lacks a quorum on its bipartisan leadership panel, making it unable to officially rescind existing guidance. The panel is currently comprised of Republican Acting Chair Andrea Lucas, appointed by Trump, and Democrat Commissioner Kalpana Kotagal.

Requests for comment from the Texas Attorney General’s Office and the EEOC were not immediately returned as of Friday afternoon. The ruling marks a pivotal moment in the broader legal and cultural battles over federal civil rights protections and administrative authority, with implications for employment law, agency governance, and social policy for years to come.