State Sues Biden Administration Over Federal Transgender Guidance
Texas is suing the Biden administration to invalidate a federal civil rights directive on pronoun usage and bathroom access in the workplace.
The challenge is to an Equal Employment Opportunity Commission advisory that says employers must let LGBT workers access the bathrooms of their choice. The EEOC warned in the same advisory that failure to use a worker’s preferred pronouns could amount to unlawful harassment. The document is based on the Supreme Court’s landmark gay rights decision, Bostock v. Clayton County.
In Bostock, the Supreme Court said it is illegal under federal law to fire someone for being gay or transgender. President Joe Biden signed an executive order committing to a whole-of-government implementation of the Bostock decision on his first day in office. The order intends to guarantee civil rights protections for LGBT people in a wide range of contexts, from housing to refugee resettlement. The order put the administration on a collision course with red state dissenters on issues like bathroom access and women’s sports.
Texas says the EEOC’s directive goes well beyond the Court’s holding in Bostock and violates the First Amendment to the extent it forces workers to use a person’s preferred pronouns.
“States should be able to choose protection of privacy for their employers over subjective views of gender, and this illegal guidance puts many women and children at risk,” Texas attorney general Ken Paxton said in a statement. “These backdoor attempts to force businesses, including the state of Texas, to align with [EEOC’s] beliefs is unacceptable.” (Read more from “State Sues Biden Administration Over Federal Transgender Guidance” HERE)
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