EEOC scraps job discrimination guidance after commissioner complained about trans rights

The U.S. Equal Employment Opportunity Commission (EEOC) voted this week to rescind the most recent version of its workplace harassment guidance, which included examples based on gender identity and sexual orientation.
As NPR reports, the commission voted 2-to-1 on Thursday to rescind the guidance, with EEOC Chair Andrea Lucas and commissioner Brittany Panuccio, both Trump appointees, voting against Commissioner Kalpana Kotagal, the commission’s only Democrat.
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The guidance, approved in 2024 under the Biden administration, cited the Supreme Court’s 2020 decision in Bostock v. Clayton County, which established that workplace discrimination on the basis of gender identity and sexual orientation is a form of sex-based discrimination under Title VII of the Civil Rights Act of 1964. It included examples of unlawful workplace discrimination involving intentional misuse of pronouns that do not align with an employee’s gender identity and denial of access to restrooms that align with an employee’s gender identity.
As NPR notes, Lucas, who was an EEOC commissioner at the time, voted against the guidance, writing in her dissent that “Biological sex is real, and it matters. Sex is binary (male and female) and is immutable,” and that “It is not harassment to acknowledge these truths — or to use language like pronouns that flow from these realities, even repeatedly.”
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President Donald Trump named Lucas the EEOC’s acting chair last January, after firing two Democratic commissioners and the agency’s general counsel. Lucas opposes both DEI initiatives and federal civil rights protections for transgender people and has said that her priorities include “rooting out unlawful DEI-motivated race and sex discrimination.”
Following Trump’s January 2025 executive order declaring that the U.S. government would only recognize an individual’s sex as determined by their “immutable biological classification as either male or female,” Lucas stated that while the agency would continue accepting all discrimination charges filed by workers, complaints that “implicate” the anti-trans executive order would be elevated to headquarters for review. After reportedly burying a number of lawsuits involving discrimination against trans and nonbinary workers, the EEOC moved in July to resume processing complaints that “fall squarely” under legal precedent set by Bostock.
In May 2025, a federal judge ruled that the EEOC had exceeded its authority with the updated 2024 guidance, vacating the section related to anti-LGBTQ+ workplace harassment.
As NPR notes, neither that decision nor the rescission of the guidance changes anything about federal laws protecting LGBTQ+ workers from discrimination in the workplace. But it does remove a key resource for employers who rely on the EEOC for guidance on what constitutes unlawful harassment.
“There’s no reason to rescind the harassment guidance in its entirety,” Kotagal said on Thursday, according to NPR. “Instead of adopting a thoughtful and surgical approach to excise the sections the majority disagrees with or suggest an alternative, the commission is throwing out the baby with the bathwater. Worse, it is doing so without public input.”
Kotagal was likely referring to the fact that Thursday’s vote came without the usual 30-day notice and comment period.
While Lucas asserted Thursday that the EEOC would continue to pursue cases of “unlawful harassment,” both former EEOC Chair Charlotte Burrows — who was fired by Trump last year — and Craig Leen, a partner with the employment law firm K&L Gates, noted that the rescission of the EEOC guidance leaves employers in the dark about how to approach issues of harassment.
“There is no public transparency as to how the commission is going to look at these issues, some of which can be quite complicated,” Burrows told NPR.
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