Protections for Transgender Workers Are at Risk

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 

• Repeatedly refusing to use or purposefully mistaking a person’s pronouns; 

• Banning an employee from using the bathroom of their gender identity, and 

• Harassing someone for not presenting themselves in a manner that is stereotypically associated with that person’s sex. 

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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