What the EEOC just said—and didn't say—about the current state of workplace right

"The EEOC is open for business." That's what the agency just declared in a series of frequently asked questions about the impact of Trump's Executive Orders on its operations and the laws it enforces.

The FAQs acknowledge the agency's lack of a quorum and its resulting inability to issue or rescind guidance or policy statements. They also affirm that the EEOC continues to accept and process discrimination charges, conduct investigations, issue right-to-sue letters, and litigate cases.

What didn't the FAQs address? The EEOC's position on LGBTQ+ discrimination. In fact, they don't mention—let alone hint at—the terms gay, lesbian, bisexual, or transgender. The FAQs are silent on reports that the agency has stopped accepting LGBTQ+ discrimination charges. They make no mention of Trump's Executive Order defining sex as biological sex only. And they fail to assure the public that the EEOC will continue to follow Bostock and apply Title VII as it did before January 20, 2025.

This was the agency's chance to set the record straight on the critical issue of whether the EEOC intends to follow Bostock and the rule of law—and it failed. Its silence speaks volumes, and it's a troubling sign for the future of LGBTQ+ workplace rights.