Texas Attorney General Ken Paxton has initiated legal action against the Equal Employment Opportunity Commission (EEOC), U.S. Attorney General Merrick Garland, and other Biden Administration officials. The lawsuit aims to halt an enforcement guidance that allegedly mandates employers to implement “transgender” policies or face potential lawsuits for discrimination or harassment.
On April 29, 2024, the EEOC issued an enforcement guidance by a split vote, purportedly expanding workplace protections under Title VII of the Civil Rights Act of 1964. This expansion broadens the definition of “discrimination” to include gender identity, requiring employers to use preferred pronouns, allow biological males into women’s facilities, and eliminate sex-specific dress codes. The EEOC's guidance is said to misinterpret the U.S. Supreme Court’s decision in Bostock v. Clayton County (2020).
Attorney General Paxton contends that the EEOC has overstepped its statutory authority and violated the Administrative Procedure Act with this guidance. He seeks a permanent injunction against its enforcement. The Heritage Foundation has joined Texas as a co-plaintiff in this suit.
“The Biden-Harris Administration is attempting yet again to rewrite federal law through undemocratic and illegal agency action,” stated Attorney General Paxton. “This time, they are unlawfully weaponizing the Equal Employment Opportunity Commission in an attempt to force private businesses and States to implement ‘transgender’ mandates—and Texas is suing to stop them.”
Dan Mauler, General Counsel for The Heritage Foundation, remarked, “Heritage is proud to join the great state of Texas as co-plaintiff to fight another blatant abuse of federal power by the Biden/Harris Administration—the EEOC’s new harassment guidance. The EEOC has exceeded the limits Congress placed on their authority, violated the First Amendment, and placed women at risk with their new guidance. We are proud to be defending small businesses and American families from this illegal overreach.”
To read the filing, click here.