What happened?

On May 15, 2025, a federal judge in Texas struck down parts of the Equal Employment Opportunity Commission’s (EEOC) 2024 workplace harassment guidance. The court ruled that the EEOC overstepped its authority by interpreting Title VII of the Civil Rights Act to require employers to accommodate gender identity—including the use of preferred pronouns, access to bathrooms, and dress codes.

Overview:

The judge found that:

• Title VII’s definition of “sex” refers only to biological sex, not gender identity or sexual orientation.

• The EEOC’s reliance on the Supreme Court’s 2020 Bostock decision was misplaced, as Bostock only addressed discriminatory firings, not broader workplace policies.

• The EEOC cannot create new legal obligations through guidance that Congress has not authorized.

As a result, the court vacated (nullified) the parts of the guidance related to gender identity. This ruling has a nationwide effect, meaning the EEOC cannot enforce those provisions against any employer.

What This Means for Employers

• Employers are not federally required to adopt gender-identity-based accommodations like pronoun usage or bathroom access.

• However, state, and local laws may still require such protections.

• Employers may still voluntarily adopt inclusive policies.

• The rest of the EEOC’s 2024 guidance—such as on remote work and pregnancy—remains in effect.

Source References

• State of Texas v. Equal Employment Opportunity Commission, No. 2:24-cv-00173-Z, 2025 (N.D. Tex. May 15, 2025) (Kacsmaryk, J.)
• EEOC Releases Final Guidance to Prevent Workplace Harassment (VensureHR)

Resources

• Enforcement Guidance on Harassment in the Workplace

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