EEOC allows some transgender complaints to continue

The EEOC, a federal agency responsible for enforcing laws on workplace discrimination, will allow some complaints from trans workers to continue, a change from an early guidance that suspends cases indefinitely accusing workplace of discrimination against trans people.

Earlier this month, an email sent an email to the leaders of the EEOC, Thomas Colcloough, director of the agency’s field program office, said that if the new transgender workers complaints involve “hiring, discharge or promotion, you will be clear about continuing to deal with the allegations.”

Even if changes occur, these complaints will face higher scrutiny than other workplace discrimination cases, requiring approval from Acting EEOC Chairman Andrea Lucas, who is appointed by the president. Donald Trump Earlier this year.

Lucas said one of her priorities was “the biological and binary reality of defending nature and related rights.”

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Since Trump returned to the president in January, the EEOC has moved from its previous interpretation of civil rights laws to include a prohibition on discrimination against people based on gender identity.

This is after the agency released a landmark discovery of transgender one decade ago Civilian Employees The U.S. Army faces discrimination when her employer refuses to use the worker’s preferred pronoun or allows individuals to use the bathroom based on gender identity rather than biological sexual behavior.

Under Lucas’ authority, the EEOC has dropped several lawsuits accusing of discrimination against trans workers. Lucas defended the decision at a Senate committee confirmation hearing last month, citing Trump’s executive order saying there were only two men and women.

But she also acknowledged that the 2020 Supreme Court ruling Bostock v. Clayton County “does consider discrimination against someone based on sexual conduct, including firing someone who is transgender or based on their sexual orientation.”

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EEOC has moved from its previous interpretation of civil rights law since Trump returned to the president in January. (Andrew Harrer/Getty Images)

Colcloough said in his email that the EEOC will consider transgender discrimination complaints that “fall directly under” The Supreme Court The ruling, including cases involving hiring, dismissal and promotion, reversed earlier policies proposed on behalf of trans workers, which eliminated priority.

“Under federal law, the allegations of discrimination and discrimination against the EEOC are confidential,” an EEOC spokesman told the Associated Press.

The spokesman added: “Under Chapter VII, in accordance with the statutory requirements, the EEOC has been and will continue to accept and investigate all charges under the legal protection and serve these charges to the relevant employers.”

However, even cases that the EEOC will consider under the Supreme Court ruling must be reviewed by senior counsel and sent to Lucas for final approval.

Former EEOC Commissioner Chai Feldblum, appointed by former EEOC President Barack Obama, said the expanded review process for transgender cases is not a typical example of other discrimination complaints and reflects the agency’s review of those cases.

Under current leadership, the EEOC has dropped several lawsuits accusing of discrimination against trans workers. (Getty Image)

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“This will improve slightly because it will allow certain discrimination claims to proceed,” Feldblum told the Associated Press. “But overall, this does not address the horrible and legally inappropriate situations that are happening to the EEOC right now.”

Colcloough’s email did not state how long the review process might take, or whether there were cases that included other claims, such as harassment or retaliation, that the EEOC refused to resolve.

“This is not an allegation that the EEOC is clear to deal with for its own employees or the public,” Feldblum said. “It’s not a panacea.”

The Associated Press contributed to this report.