A federal judge has issued a historic ruling with wide-ranging implications for workplace protections for transgender workers. This unanimous decision is an extraordinary and welcome departure from the culture wars in the persistent battle on gender identity rights in America. This week, U.S. District Judge Matthew J. Kacsmaryk of the U.S. District Court for the Northern District of Texas made a pretty large one. He ruled that the U.S. Equal Employment Opportunity Commission (EEOC) exceeded its jurisdiction when it published guidance forbidding discrimination against transgender employees, including discrimination based on gender identity.
The case originated in Project 2025, an effort that had been largely developed and promoted by the Heritage Foundation, one of America’s foremost conservative think tanks. In August, along with the Heritage Foundation, Texas filed a lawsuit to block the EEOC’s guidance. This guidance served as an important tool for employers seeking to understand and abide by anti-discrimination laws. This guidance unequivocally rejects many of those malign practices. It disallows the use of proper pronouns, refuses bathroom usage corresponding to an employee’s gender identity, and forbids employees from dressing according to their gender identity. As outlined by the agency in the guidance, these actions may constitute “quid pro quo” and “hostile environment” harassment in the workplace.
While the EEOC’s guidance was designed to remind employers of their responsibilities under Title VII of the 1964 Civil Rights Act, which prohibits employment discrimination based on race, color, religion, sex, and national origin, Judge Kacsmaryk’s ruling rejected this interpretation. He announced that the EEOC had “exceeded its statutory authority,” further pointing out that the guidance lacks any legal enforceability.
“The district court’s decision is an outrage and blatantly at odds with Supreme Court precedent,” said Liz Theran, a representative of a civil rights organization advocating for LGBTQIA+ rights. She emphasized how this ruling further complicates the ability of LGBTQIA+ workers to uphold their rights. It equally makes it difficult to maintain an environment that is harassment free.
The announcement follows a 2020 US Supreme Court ruling that upheld protections against employment discrimination for LGBTQ+ people. This latest ruling leaves many wondering how it fits into any established legal precedent. This stands in stark opposition to former President Donald Trump’s executive order dated January 20. That executive order required the federal government to acknowledge only two “immutable” sexes—male and female.
Judge Kacsmaryk’s ruling has certainly been hailed as a victory by the conservative luminaries pushing for Project 2025. The CEO of the Heritage Foundation, Kevin Roberts, delivered a particularly bold case. He argued that the EEOC is attempting to coerce companies and Americans to deny “fundamental biological fact.” He remarked, “Today, thanks to the great state of Texas and the work of my Heritage colleagues, a federal judge said: not so fast.”
Roberts went on to claim that this decision is not just a legal victory, but a sign of cultural change. He stated, “It says no — you don’t have to surrender common sense at the altar of leftist ideology. You don’t have to pretend men are women. And you don’t have to lie to keep your job.”
Advocates for transgender rights are rightfully alarmed by the ruling. They are concerned it would lead to increased discrimination against people with criminal records in workplaces across the country. They maintain that protections for transgender people are important to ensuring an inclusive workplace.
Judge Kacsmaryk emphasized that Title VII does not require employers or courts to ignore biological differences between men and women. He explained that these one-size-fits-all mandatory standards would open employers up to litigation for not meeting a standard.
As reactions settle, it is apparent that this ruling will have long-term implications. Employers and employees alike will face new challenges surrounding gender identity in the workforce. Advocates said they are fighting back against discriminatory, regressive policies on transgender rights and workplace protections. Consequently, the overall conversation about these topics will undoubtedly continue to increase.
