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As an employment discrimination lawyer, I’ve spent years fighting for the rights of marginalized workers, including the LGBTQ+ community. So, when I heard about Texas’s lawsuit against the Equal Employment Opportunity Commission (EEOC) regarding transgender workers’ rights, I was not surprised, but disappointed. It’s yet another move by the conservative right to delegitimize the trans identity and the trans experience.
If you’re unfamiliar with the case, in April of this year, Texas Attorney General Ken Paxton and The Heritage Foundation, a conservative think tank, challenged federal guidance issued by the EEOC, which enforces workplace anti-discrimination laws like Title VII of the Civil Rights Act. Specifically, the EEOC’s guidance interprets Title VII to prohibit discrimination based on sexual orientation and gender identity, including protections for transgender employees.
Its updated 2024 guidelines aim to more clearly define harassment in the workplace for transgender workers and their rights. They state that it is considered unlawful workplace harassment when an employer denies accommodation to an employee based on gender identity. These violations could look like
Two weeks after the guidance was published, 18 states, led by Tennessee, filed lawsuits against the EEOC, stating that the commission has no authority to make these kinds of amendments because they were not approved by Congress.
One week after Tennessee sued the EEOC, Texas AG Ken Paxton joined the party with very similar reasons to the other states but also citing a violation of state sovereignty. In the suit, Texas cited multiple previous decisions that support their move for dismissing the guidance.
Background: The Bostock Decision and 2021 Guidance
To understand the stakes, it’s important to go back to 2020, when the U.S. Supreme Court issued a landmark ruling in Bostock v. Clayton County. In that decision, the Court held that Title VII’s prohibition on sex discrimination extends to sexual orientation and gender identity. In other words, it’s illegal under federal law to fire someone for being gay or transgender. This was a major victory for LGBTQ+ rights, but the decision didn’t cover every issue that might come up in the workplace.
In fact, what Paxton and his legal team have jumped on is that the Court specifically decided not to make any rulings about policies relating to bathrooms, dress code or pronouns.
That’s where the EEOC’s 2021 guidance comes in. Following the Bostock ruling, the EEOC expanded on what workplace protections should look like for transgender employees, very similar to their guidance in 2024. Ken Paxton and his team filed suit for this one as well and, more importantly, won their case. Again, not surprised, but disappointed given that the judge of the case was handpicked by Donald Trump.
What is important to grasp is that the dismissal of the 2021 Guidance has grave implications for the most recent lawsuit. The Texas Attorney General is bringing this case to the same court that already threw out similar EEOC guidance two years ago, so there’s a good chance the court might strike down the guidance again. And under the new Trump administration, which has openly opposed expanding trans rights, who knows what could happen. They could even go as far as issuing a nationwide order to stop the enforcement of gender identity rules altogether.
The Human Impact
Of course, it’s still hard to say how it will play out. But one thing is clear: this case could have wide-reaching implications for the rights of transgender employees across the country.
As a lawyer representing employees who face discrimination, I see the real-world effects of these legal battles. Discrimination isn’t an abstract concept, it’s something that affects people’s everyday lives, livelihoods, and mental health. Transgender employees already face higher rates of workplace discrimination, harassment, and job loss compared to their cisgender counterparts.
Lawsuits like this one from Texas send a dangerous message: that it’s acceptable to deny transgender individuals their basic rights in the workplace. It’s a move that could lead to increased stigmatization and discrimination, especially in states that are more hostile to LGBTQ+ rights.
It’s not about convenience or personal preferences of employers or co-workers; it’s about ensuring that transgender employees are treated with dignity and respect, just like anyone else. When states push back against protections like those in the EEOC’s guidance, they’re effectively saying that transgender employees don’t deserve the same level of respect and fairness as everyone else.
In the end, this is more than just a legal fight—it’s about standing up for the basic human rights of transgender employees. And as long as states and employers continue to challenge those rights, lawyers like me will keep fighting back.
If you believe you are a victim of discrimination or harassment at work, contact the lawyers at Carter Law Group to fight for you and your rights. Call us today or submit a questionnaire to begin your consultation.
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Source: Food and Drugs Administration--Recalls/Safety Alerts
Source: Food and Drugs Administration--Recalls/Safety Alerts
Source: Food and Drugs Administration--Recalls/Safety Alerts
Source: Food and Drugs Administration--Recalls/Safety Alerts
Source: FDA Food Safety Recalls RSS Feed
Source: Food and Drugs Administration--Recalls/Safety Alerts
The fight for fair overtime pay has taken a disappointing turn, leaving millions of workers and employers in limbo. Just months after new regulations promised to raise the salary threshold for overtime eligibility—a move hailed as a major win for American workers—a federal judge in Texas has thrown a wrench into the plan.
On November 15, 2024, Judge Sean Jordan struck down the Department of Labor’s (DOL) updated rules, arguing that they overstepped authority by prioritizing salary levels over job duties. The decision not only halts a planned increase in January 2025 but also rolls back changes already implemented in July 2024. As a result, businesses nationwide are scrambling to adjust, with tough decisions ahead about how to navigate the fallout.
If you’re a salaried worker in the U.S. making between $35,568 to $58,656 a year ($684-$1,128 per week), you may have just lost your overtime for the New Year.
How Do I Know If I’m Affected?
The Fair Labor Standards Act (FLSA) sets rules for who qualifies for overtime pay—typically, time-and-a-half for any hours worked over 40 per week. For most hourly workers, the rule is straightforward: work extra, get extra. But salaried employees? It’s not that simple.
The DOL says that if you’re an executive, administrator, or professional meeting specific criteria, you qualify for the “white-collar exemption” and do not receive overtime pay. To figure out if you’re in that group, there’s a three-prong test:
In 2019, the threshold was set at $35,568 per year (roughly $684 per week, or about $17/hour). If you made less than this, you did not meet the “white-collar exemption and were entitled to overtime pay. But what happens when the cost of living goes up, and that threshold doesn’t?
The DOL’s Push to Expand Overtime
In April 2024, the DOL decided it was time for a change. They announced plans to raise the salary threshold in two steps:
These changes were set to make millions of workers eligible for overtime pay—an estimated 4 million nationwide. The DOL also wanted to avoid this back-and-forth debate by introducing automatic updates every three years.
For many, this was a win. Workers earning between $35,568 and $58,656 would no longer be exempt, meaning they could finally claim overtime pay for those grueling 50- or 60-hour workweeks. Employers? Well, they’d have to make adjustments—either paying overtime, raising salaries above the new threshold, or cutting back on hours to dodge extra costs.
Texas Sues the DOL
Just as workers were adjusting to the $43,888 threshold, the regulations hit a major roadblock. On November 15, 2024, a federal judge in Texas, Judge Sean Jordan ruled in favor of Texas in a lawsuit and struck those regulations down.
He found that the DOL did not have the authority to make these changes. He believed that focusing so heavily on salary thresholds ignored the job responsibilities that define whether someone is truly “exempt.”
The ruling rescinded both the July 2024 increase and the planned January 2025 bump. Overnight, not only Texas workers, who thought they were finally eligible for overtime, but also millions of workers nationwide lost that eligibility.
What Happens Now?
With the judge’s ruling, the overtime threshold reverts to the 2019 level: $35,568. Employers and employees alike are left scrambling to figure out what this means.
Some employers might start requiring salaried workers to track their hours, a move that could feel frustrating to professionals who’ve enjoyed flexibility. Others might cut salaries or restructure job roles to maintain their bottom lines. Without the higher thresholds, many are expecting to go back to long hours without extra pay.
Of course, the DOL could appeal Judge Jordan’s ruling. But the clock is ticking. There may not be enough time for the appeal to be heard before Donald Trump’s return to the White House in January 2025. And it’s unlikely his administration will push for a higher threshold. After all, Trump’s previous DOL settled on a threshold that was far below Obama’s proposal.
What Should Workers and Employers Do?
For workers: Know your rights. If your salary falls below the $35,568 threshold, you’re entitled to overtime pay, regardless of your job title. Keep an eye on legal updates—obviously, things can change quickly.
For employers: Plan ahead. Even if the threshold increase is on hold for now, it’s clear that changes to overtime rules are a priority for many policymakers. Proactively evaluating roles, salaries, and workloads can help you stay ahead of the curve.
Get Legal Help
From a legal standpoint, this change, while disheartening, is not surprising. Employment discrimination lawyers have a key role in ensuring that all employees, especially the most vulnerable, are treated fairly as businesses adapt to these changes. Denying overtime privileges can be a form of discrimination in certain circumstances. If you believe you have been discriminated against at work, contact Carter Law Group or fill out our questionnaire.
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