On October 1, 2022, a federal judge in the Northern District of Texas ruled Equal Employment Opportunity Commission (EEOC) guidance, directed at protections for LGBTQ+ employees in general workplace policies, was unlawful. The EEOC's guidance, a "Technical Assistance Document," provides examples of employer actions that may constitute discrimination, including obligations related to dress codes, bathrooms and locker rooms, and preferred pronouns or names.
Texas Attorney General Ken Paxton brought a lawsuit in the Northern District of Texas seeking to vacate and set aside the EEOC guidance issued in 2021, arguing that the guidance "misstates the law, increasing the scope of liability for the State in its capacity as an employer-and [EEOC Chair Charlotte] Burrows did not even have authority to issue it." Texas further argued that the Supreme Court's landmark decision in Bostock v. Clayton County, which extended the protections of Title VII of the Civil Rights Act of 1964 to LGBTQ+ employees, left open the legal question on workplace policies pertaining to "sex-segregated bathrooms, locker rooms, and dress codes" and therefore, any such policies are not discriminatory under Title VII.
In ruling in favor of the state of Texas, the federal court vacated and set aside the guidance, reasoning that it was unlawful because it improperly interpreted the Supreme Court decision in Bostock. The court stated that the Supreme Court established that Title VII prohibits discrimination...
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