Tuesday, February 18, 2025

EEOC moves to dismiss transgender-discrimination lawsuits


"EEOC seeks to drop race discrimination cases brought on behalf of Black workers, citing Trump's executive order."

This is not a real headline.

But this is: "EEOC seeks to drop transgender discrimination cases, citing Trump's executive order."

According to various news sources, the Equal Employment Opportunity Commission has moved to dismiss six of its own cases on behalf of transgender workers alleging gender identity discrimination. The agency argues that these cases—which the EEOC filed consistent with the law as expressed by the Supreme Court in Bostock—now conflict with President Trump’s contrary executive order, which defines "sex" as "an individual’s immutable biological classification as either male or female." 

Consider my hypothetical about race discrimination cases. Do you find it prejudiced? Ignorant? Bigoted? If so, what’s the difference between that headline and the real one about transgender discrimination cases? The answer? There is no difference. If you think otherwise, that belief is rooted in your own prejudices.

Bigotry cloaked in legal arguments is still bigotry. The EEOC exists to enforce anti-discrimination laws, not to bend to political whims that ignore Supreme Court rulings to strip away protections from vulnerable and marginalized workers. If we wouldn't tolerate the agency abandoning race discrimination cases, we shouldn't accept it doing so for transgender workers either. In taking this action, the EEOC is abandoning its core mission—ensuring equal protection for all workers, regardless of protected class. Anything less is a failure of justice that we should neither accept nor tolerate.