Rep. Nancy Mace recently affixed the former label to a restroom in the Capitol and introduced legislation requiring people to use Capitol bathrooms that correspond to their sex assigned at birth.
When asked about her actions, Mace openly admitted that her intent was to target Rep.-elect Sarah McBride, the first openly transgender person elected to Congress. This kind of targeting is bigoted, unacceptable, and unlawful.
The EEOC clearly states: "Sex-based harassment includes … the denial of access to a bathroom or other sex-segregated facility consistent with the individual’s gender identity." This legal position aligns with the overwhelming body of federal jurisprudence on the issue under Title VII.
Furthermore, the American Medical Association and numerous other health care organizations agree: denying transgender individuals access to bathrooms that align with their gender identity leads to harmful health outcomes, emotional distress, and stigma. On the other hand, there is no credible evidence supporting the claim that trans women sharing bathrooms with cisgender women poses a safety threat. To suggest otherwise perpetuates the harmful stereotype that trans women are sexual deviants or predators. That is what discrimination looks like.
Make no mistake: in a second Trump administration, attacks on transgender rights will undoubtedly escalate, and this kind of bigotry will only grow worse over the next four years.
Use the bathroom that feels right for you, and believe what you will. But know this: denying transgender people their rights is a violation of Title VII, regardless of what Nancy Mace—or anyone else—might say.