Texas Attorney General Ken Paxton is suing the Biden administration over new federal guidelines that require the use of pronouns based on “gender identity” in the workplace and make significant adjustments regarding restroom use and dress codes.
According to a lawsuit filed in the Northern Texas region of Amarillo on May 21, the U.S. Equal Employment Opportunity Commission (EEOC) unlawfully redefined the term “gender” in the 1964 Civil Rights Act, categorizing it as gender identity rather than biological sex. This is despite a federal court ruling in 2022 that supported Texas and stated that the EEOC did not have the authority to reinterpret this law with a 60-year history.
The updated “Workplace Harassment Enforcement Guidance” by the EEOC released on April 29 includes new content regarding “gender identity and how it is expressed.”
The guidance now states that harassment includes “repeatedly and intentionally using a name or pronouns for an individual that is inconsistent with the individual’s known gender identity (gender-based discrimination); or refusing an individual’s use of restroom or other gender-segregated facilities consistent with the individual’s gender identity.”
An example provided in the guidance is the case of Chloe, an employee at a retail store warehouse, who encountered a supervisor, Alton, who heard rumors of a “cross-dresser” in the department. Chloe disclosed being transgender to the supervisor and requested confidentiality. Alton insisted Chloe wear pants to work because wearing a skirt was deemed “inappropriate,” and when displeased with Chloe, he would use “he/him” pronouns in front of Chloe’s colleagues.
The complaint filed by Paxton points out that the 2024 update was approved by the EEOC commissioners in a 3-2 vote, with Commissioner Andrea Lucas dissenting, stating that the guidance “effectively eliminates single-sex workplace facilities and infringes on freedom of speech and religion of women (and indeed all employees).”
“Recognizing enduring differences between biological sexes or men and women is not harassment,” quoted the court documents referencing Lucas, who also emphasized that providing single-sex restrooms and similar facilities “implicates significant privacy and safety interests.”
The legal battle between Texas and the EEOC regarding “gender identity” dates back to June 2021 when EEOC Chair Charlotte Burrows sent a “technical assistance document” to the Texas Agricultural Department, asserting that transgender employees do not need to dress according to their assigned gender at birth.
As per Paxton’s lawsuit filed in September 2021 in the same court, the technical assistance document required employers to provide restroom and locker room facilities based on employees’ gender identity and using incorrect pronouns for transgender individuals would create a hostile work environment. The lawsuit stated that Burrows’ guidance did not have the full commission’s approval by vote and was never published in the Federal Register.
On October 1, 2022, a favorable judgment was issued for Paxton, declaring Burrows’ guidance issued on June 15 as unlawful.
Despite this ruling, the EEOC announced it would continue to develop updated workplace harassment policies and collected public feedback in 2023, subsequently unveiling the newest version at the end of April.
The statement asserts that the updated guidance “reflects EEOC’s commitment to protecting particularly vulnerable groups and communities underserved by employment discrimination.” It also addresses issues on virtual workplaces and employment-related harassment occurring in digital environments.
“As we commemorate the 60th anniversary of the 1964 Civil Rights Act this year, this guidance will help raise awareness of the serious issue of employment harassment and the legal protections for individuals facing harassment,” stated Burrows in the release.
Paxton has requested the court to revoke the April 29 guidance and prevent the Biden administration from issuing any further guidelines and resources deemed “unlawful.”
In a response provided via email to The Epoch Times, the EEOC declined to comment on the lawsuit and directed any inquiries to the Department of Justice.