A lawsuit filed by 18 states against the Equal Employment Opportunity Commission (EEOC) argues that new federal regulations mandating the use of transgender pronouns are illegal. Led by Tennessee Attorney General Jonathan Skrmetti, the lawsuit challenges the EEOC’s extension of Title VII protections to include “gender identity” without congressional approval. The lawsuit contends that this move undermines separation of powers and the legitimacy of laws in America.
The lawsuit claims that the EEOC’s enforcement document released on April 29 requires employers and employees to use preferred pronouns, allow transgender individuals to use facilities corresponding to their gender identity, and refrain from enforcing dress codes based on biological sex. The EEOC justified these regulations based on the Supreme Court’s Bostock v. Clayton County decision, which the lawsuit argues did not address issues like bathrooms and dress codes under Title VII.
Previous EEOC rules issued in 2021 also faced legal challenges and were struck down by the U.S. District Court for the Northern District of Texas in 2022. The court ruled that the EEOC misapplied the Bostock decision and violated federal laws with its regulations. Similarly, the U.S. District Court for the Eastern District of Tennessee temporarily blocked the EEOC’s guidance, citing interference with state laws.
This legal battle comes amidst broader efforts by federal agencies to advance gender theory, including changes to Title IX rules by the Department of Education allowing individuals identifying as female to access women’s spaces in schools. This move has sparked lawsuits from GOP-led states, with Florida and Oklahoma refusing to comply with the new guidelines.
