EEOC’s decision to drop LGBTQI+ employment discrimination claims targets transgender workers

February 18. 2025

For Immediate Release
Feb 18, 2025

Media Contact
Nazirah Ahmad
[email protected]

Statement from Noreen Farrell, Executive Director of Equal Rights Advocates, on the Equal Employment Opportunity Commission’s (EEOC) improper pause on LGBTQ+ claims 

Feb. 18, 2025 – The Equal Employment Opportunity Commission’s (EEOC) decision to dismiss six of its own cases defending workers alleging gender identity discrimination is a complete abdication of its duties to enforce our nation’s employment discrimination laws and at odds with Supreme Court precedent. In making this move, the EEOC argued that  the cases now conflict with President Donald Trump’s recent executive order directing the federal government to stop recognizing nonbinary gender identities. The move to drop the lawsuit defending transgender workers raises serious concerns about the EEOC’s processing and investigation of LGBTQ+ and gender identity claims moving forward.  

The Supreme Court’s landmark Bostock v. Clayton County decision unequivocally established that discrimination based on sexual orientation or gender identity is discrimination based on sex under Title VII of the Civil Rights Act of 1964. This isn’t a matter of policy preference or political ideology, it’s settled law that the EEOC has a legal duty to enforce.

By refusing to process gender discrimination claims, the EEOC is abandoning its core mission and leaving countless workers vulnerable to workplace harassment and discrimination. The agency charged with protecting workers’ civil rights cannot simply decide to ignore Supreme Court precedent because of a change in political leadership.

This dereliction of EEOC’s duty under its legal mandate requires immediate judicial intervention. Transgender and gender non-conforming employees deserve the full protection of our civil rights laws, as established by Congress and the Supreme Court, not selective enforcement based on political whims and hastily issued executive orders. 

Equal Rights Advocates calls on the EEOC to reverse this decision; not only do our workers deserve their rights to be protected, but the very credibility of the EEOC is at stake. If they do not, the courts must step in to ensure the nation’s chief workplace anti-discrimination agency fulfills its legal obligations to all workers. The rights of LGBTQ+ workers are not optional or debatable – they are guaranteed by law and must be enforced.

To request an interview with ERA expert Noreen Farrell, or Deborah J. Vagins, National Campaign Director & Director of Equal Pay Today, contact Blake Case at [email protected] or (601) 832-6079.