07-15-2025
EEOC will begin processing some transgender discrimination cases according to a July 1 memo from field director Thomas Colclough. After President Trump’s January executive order asserting that the federal government recognized only two sexes, the EEOC reportedly dismissed at least six ongoing transgender discrimination lawsuits and stopped pursuing new ones. Acting Chair Andrea Lucas stated it was “impossible to both comply with the president’s executive order as an executive branch agency and zealously defend the workers” for whom they had brought the cases.
The Washington Post reported that these complaints will be subjected to a heightened level of scrutiny. It is not yet known what prompted the EEOC to reverse its decision. The EEOC plans to process cases that “fall squarely” within the parameters of the Supreme Court’s ruling in Bostock v. Clayton. That case found that Title VII protects employees from discrimination based on sexual orientation and gender identity. The EEOC will consider cases of discrimination against transgender employees in hiring, discharge, and promotion. The agency did not mention harassment. If the agency determines that there is sufficient evidence to reflect discrimination based on gender identity, a senior attorney and the office of the chair will review the complaint to confirm that finding.
An employment lawyer who represented trans individuals with claims dismissed by the EEOC told the Post that “transgender and non-binary people whose civil rights were violated were turned away.” Some statutes of limitation may have expired during that time.