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Friday, October 9, 2026

Federal Judge Blocks Guidance on LGBTQ Workers - SHRM

The U.S. District Court for the Eastern District of Tennessee last week temporarily invalidated guidance from the U.S. Education Department and the U.S. Equal Employment Opportunity Commission (EEOC) that held that LGBTQ employees are protected from discrimination under Title VII of the Civil Rights Act of 1964.

The guidance said transgender workers have the right to use a bathroom that corresponds to their gender identity and the right to be free of harassment, including intentional and repeated use of the wrong pronouns. The judge blocked the guidance because it interfered with states' sovereign authority to enforce their state laws.

20 Attorneys General Sued

In State of Tennessee vs. the United States Department of Education, attorneys general from 20 states sued to block the Biden administration's guidance, and the federal judge agreed. The guidance came after a decision by the U.S. Supreme Court that expanded the legal definition of sex discrimination to include sexual orientation and gender identity in employment situations. Several Republican-led states, including Tennessee, had laws on the books that appeared to violate the guidance.

(Tennessee Lookout)

Employees Can Sue

While the EEOC and the Education Department are now blocked from suing, individuals can still sue their employers for failing to call transgender workers by their correct pronouns or give them access to bathrooms that correspond to their gender identity. Employers cannot fire somebody because of...



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