The U.S. agency responsible for safeguarding workers’ civil rights is now prioritizing new cases related to gender identity discrimination at the lowest level, effectively placing them on indefinite hold. This development comes following a recent meeting of the U.S. Equal Employment Opportunity Commission (EEOC), which clarified its approach to handling such complaints in the context of a January 20 executive order by President Donald Trump. This order mandates the recognition of only two “immutable” sexes — male and female — by the government.
Staff responsible for processing new discrimination charges were instructed to categorize gender identity-related complaints as “C,” the lowest classification within the EEOC’s system, typically reserved for cases deemed without merit. This directive was communicated during a virtual meeting for intake supervisors, district directors, and support staff, led by the EEOC’s national intake coordinator. The details of the meeting were shared by agency employees who wished to remain anonymous due to lack of authorization to disclose the meeting’s content. The EEOC has declined to comment on the meeting, citing federal law restrictions on discussing investigative practices.
This shift marks a significant change in the EEOC’s stance on defending transgender and nonbinary workers’ rights under the Trump administration. Earlier this year, the EEOC withdrew from seven pending lawsuits involving alleged discrimination against transgender and nonbinary individuals. Acting Chair Andrea Lucas, a Republican, has emphasized the implementation of Trump’s executive order on gender and the defense of the biological and binary understanding of sex and related rights. Lucas had previously directed that any discrimination charges affecting this executive order be escalated to headquarters for review.
The adjustment in handling gender identity-related complaints severely limits recourse for affected transgender and nonbinary workers. In many instances, U.S. workers are required to file discrimination grievances with the EEOC before pursuing other legal channels. By assigning the lowest priority, these cases are effectively dismissed as meritless.
The EEOC has stated it will issue “right to sue” notices for gender identity-related cases upon request, allowing individuals to independently pursue legal action. Additionally, requests for mediation will be honored; however, if mediation is unsuccessful, the EEOC will not proceed further with the case.
The agency’s new stance has sparked controversy, with critics arguing it may contravene the 2020 Supreme Court ruling in Bostock v. Clayton County. This landmark decision affirmed that Title VII of the Civil Rights Act prohibits employment discrimination based on gender identity. Civil rights advocates have accused the EEOC of neglecting its responsibility to enforce anti-discrimination laws and defying the Supreme Court by dismissing gender identity-related lawsuits. While Lucas has acknowledged the obligation to adhere to Trump’s executive orders, she has not specifically addressed the criticisms regarding the handling of gender identity cases in light of the Supreme Court’s ruling.
According to the EEOC’s website, in fiscal years 2023 and 2024, the agency received over 3,000 charges alleging discrimination based on sexual orientation or gender identity.
