Coalition of 20 Republican-led states files lawsuit seeking to strike down Biden admin. directives allowing transgender workers and students to use bathrooms and locker rooms and join sports teams that correspond with their gender identity.
improperly expanded on a 2020 U.S. Supreme Court ruling that extended anti-discrimination protections to transgender workers.employers cannot terminate workers because of their gender identity or sexuality. The justices expressly declined to decide if the ruling applied to sex-segregated bathrooms and locker rooms, the states said on Monday, but the EEOC and DOE improperly concluded that it did.
DOE in its June guidance concluded that because Title IX of the Education Amendments of 1972, which bars sex bias in federally funded educational programs, borrowed language from Title VII, Bostock also applied to schools. The 4th U.S. Circuit Court of Appeals last year in GG v. Gloucester County School Board held that Title IX allows transgender students to use the bathroom of their choice. The Supreme Court in JuneThe EEOC, meanwhile, said in its guidance that in light of Bostock, Title VII allows transgender workers to use the bathrooms of their choice and to dress consistently with their gender identity.
The states said both agencies had exceeded their authority in issuing the guidance and had violated the Administrative Procedure Act by not going through the rulemaking procedures required by the law.
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