A Texas judge ruled the EEOC exceeded its authority by including gender identity in Title VII protections.

Federal Court Rejects Biden-Era Gender Guidance

A federal judge in Texas has invalidated key elements of the Equal Employment Opportunity Commission’s guidance on sex-based discrimination, stating that the inclusion of sexual orientation and gender identity under Title VII protections is unlawful. The ruling was issued by Judge Matthew J. Kacsmaryk of the U.S. District Court for the Northwestern District of Texas, following a legal challenge brought by the state of Texas and the conservative Heritage Foundation.

The case centered on the EEOC’s Enforcement Guidance on Harassment in the Workplace, which claimed that discrimination based on sexual orientation and gender identity constituted sex-based harassment under Title VII of the Civil Rights Act. Judge Kacsmaryk declared that such an interpretation is “contrary to law,” and stated that language describing these characteristics as protected classes exceeds the agency’s statutory authority.

The decision reflects growing judicial pushback against diversity, equity, and inclusion (DEI) policies implemented during the Biden administration. “The Biden EEOC tried to compel businesses – and the American people – to deny basic biological truth,” said Heritage Foundation President Kevin Roberts. “This ruling is more than a legal victory. It’s a cultural one.”

Roberts emphasized the conservative movement’s legal strategy, saying, “You don’t have to surrender common sense at the altar of leftist ideology. You don’t have to pretend men are women. And you don’t have to lie to keep your job.”

The Trump administration has made clear its opposition to such policies. On Inauguration Day, President Donald Trump issued an executive order reaffirming the federal government’s stance on recognizing only two sexes, male and female. That order specifically targeted federal guidance, including the EEOC’s, that conflicted with this position.

Following the ruling, White House spokesman Harrison Fields said, “The judge confirmed what the Trump Administration consistently maintains: government-imposed DEI policies requiring bathroom, dress, and pronoun accommodations are illegal.”

EEOC Leadership Stalemate Raises Enforcement Questions

The EEOC itself acknowledged limitations in its ability to respond or revise policies. As of January 28, 2025, the Commission lacks a quorum, which is required to vote on guidance changes. The current panel includes Republican Acting Chair Andrea Lucas and Democrat Commissioner Kalpana Kotagal. Former Commissioners Charlotte Burrows and Jocelyn Samuels—both Democrats—were informed earlier this year that they were being removed from their roles.

Burrows, Samuels, and Kotagal had previously issued statements asserting that “LGBTQI+ workers — including transgender workers — are protected by federal law and entitled to the full measure of America's promise of equal opportunity in the workplace.”

Texas Attorney General Ken Paxton praised the ruling as a rejection of what he called a distortion of federal law. “The Biden Administration unlawfully tried to twist federal law into a tool for advancing radical gender ideology by attempting to force employers to adopt ‘transgender’ policies or risk being sued,” Paxton said. “The federal government has no right to force Texans to play along with delusions or ignore biological reality in our workplaces.”

The EEOC referred all media inquiries regarding the ruling to the Department of Justice, which declined to comment.