EEOC instructs staff to sideline all new transgender discrimination cases, employees say
https://apnews.com/article/transgender-discrimination-gender-civil-rights-88def3b2a735f09cb79d37fc1125b095

"The federal agency tasked with protecting workers’ civil rights is classifying all new gender identity-related discrimination cases as its lowest priority, essentially putting them on indefinite hold, according to two agency employees.

The U.S. Equal Employment Opportunity Commission held a meeting on Wednesday clarifying how it would treat new worker complaints of gender-identity discrimination in view of President Donald Trump’s Jan. 20 executive order declaring that the government would recognize only two “immutable” sexes — male and female.

Staff who handle incoming charges, or intakes, were directed to code them as “C,” the lowest categorization in the EEOC’s system that is usually reserved for meritless charges, according to the agency employees who attended the Microsoft Teams meeting for intake supervisors, district directors and support staff that was led by the EEOC’s national intake coordinator. The employees asked to remain anonymous because they were not authorized to reveal the meeting details.

An EEOC spokesman declined to comment on the meeting, saying that “per federal law, we cannot discuss investigatory practices.”

EEOC Acting Chair Andrea Lucas, a Republican, has said one of her priorities will be implementing Trump’s executive order on gender and “defending the biological and binary reality of sex and related rights.” She had previously ordered that any worker discrimination charge that “implicates” Trump’s executive order on gender should be elevated to headquarters for review.

This latest decision to bury gender identity-related complaints leaves transgender and nonbinary people experiencing discrimination at work with limited recourse. U.S. workers must file discrimination complaints through the EEOC in most cases before they can seek other legal avenues.

Giving gender identity-related cases the lowest priority essentially pre-determines that they are meritless, said Chai Feldblum, who was an EEOC commissioner from 2010-2019.

“If they say they are bringing it to a central location to give them due consideration, they at least have the facade of doing something,” Feldblum said of Lucas’ previous directive on gender identity cases. “If they are sweeping them out the door as “C” charges, they are not doing their job.”

The EEOC has said that it will still issue “right to sue” notices in gender-identity related cases upon request, meaning workers can decide to pursue a lawsuit on their own. The agency will also honor requests for mediation, according to the employees who attended Wednesday’s meeting. But if mediation fails, the EEOC will take no further action on the case, the employees said.

The EEOC’s new approach to gender-identity related discrimination has raised a debate over whether the agency is acting in violation of the Supreme Court’s 2020 ruling in Bostock v. Clayton County, a landmark case that established that Title VII of the Civil Rights Act prohibits workplace discrimination based on gender identity.

Civil rights activists have accused the EEOC of illegally defying the Supreme Court and abdicating its duty to enforce anti-discrimination laws by abandoning gender-identity related lawsuits. Lucas has previously told The AP that the EEOC has a duty to comply with Trump’s executive orders but she has not directly addressed the criticism that the agency’s handling of gender-identity cases are in tension with the Supreme Court.

The EEOC in fiscal year 2024 received more than 3,000 charges alleging discrimination based on sexual orientation or gender identity, and 3,000-plus in 2023, according to the agency’s website.



Removing Gender Ideology and Restoring the EEOC’s Role of Protecting Women in the Workplace
https://www.eeoc.gov/newsroom/removing-gender-ideology-and-restoring-eeocs-role-protecting-women-workplace


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Labour's WhatsApp plot to defy trans ruling: Ministers' leaked messages reveal their fury at calls to ban transgender women from female-only changing rooms

https://www.dailymail.co.uk/news/article-14628401/Labour-Whatsapp-leaked-messages-transgender-court-ruling.html

"Writing on the WhatsApp group of LGBT+ Labour MPs, Home Office Minister Dame Angela Eagle (pictured) said: ‘The ruling is not as catastrophic as it seems but the EHRC guidance might be and there are already signs that some public bodies are overreacting’"

"Labour ministers are secretly plotting to defy the landmark court ruling that men who change gender are not legally women, leaked WhatsApp messages obtained by The Mail on Sunday have revealed.

The Government claimed to welcome the Supreme Court judgment – but the exchanges reveal the private fury on Sir Keir Starmer’s frontbench, with ministers planning to hold a meeting this week to ‘decide a way forwards’ and ‘organise’.

In the messages, sent on Thursday evening, Culture Minister Sir Chris Bryant joined an attack on Baroness Falkner, chairwoman of the Equality and Human Rights Commission (EHRC), who earlier that day had said that the ruling – that a woman is defined by biological sex – clearly meant trans women could not use single-sex female facilities or compete in women’s sports.

When an MP said that Lady Falkner’s words were ‘pretty appalling’, Mr Bryant wrote: ‘Agreeed [sic].’

Writing on the WhatsApp group of LGBT+ Labour MPs, Home Office Minister Dame Angela Eagle said: ‘The ruling is not as catastrophic as it seems but the EHRC guidance might be and there are already signs that some public bodies are overreacting’ – a possible reference to the British Transport Police’s interim announcement that strip searches of trans women would now be done by male officers, not female.

Dame Angela added that ‘we have to get on with doing the stuff we said we’d do in the manifesto’, which included a pledge to protect ‘the freedom for people to explore their sexual orientation and gender identity’.

Another MP on the WhatsApp group wrote that it was ‘sad to see some institutions choose to ignore the Supreme Court’s very strong line that trans people are protected by the Equality Act too’. Dame Angela replied: ‘They won’t be feeling that way now and we need to remember that and organise.’

MPs agreed with her suggestion that they should seek a meeting ‘ASAP with [the] relevant Equality Minister’ after the Commons returns from Easter recess this week.

News of the WhatsApp messages came as thousands of trans rights campaigners descended on central London yesterday to rally against the landmark ruling.

The ‘emergency demonstration’ ended with at least two statues in Parliament Square daubed with graffiti, with ‘fag rights’ and a heart painted on the banner held by suffragist Millicent Fawcett. ‘Trans rights are human rights’ was also sprayed on the pedestal bearing a memorial to South African military leader Jan Christian Smuts.

Yesterday, other bodies vowed to challenge the ruling, with teachers voting at a conference in Liverpool to stop schools making ‘knee-jerk’ changes to their trans policies until the government issues further guidance.

The NASUWT union claimed the judgment could lead schools to make rules which put transgender teachers ‘at risk of harm’.

‘Like so many brave women, Baroness Faulkner has suffered terrible abuse for standing up for the rights of women and girls. Now we know Labour will do all they can to undermine her work.

‘The Prime Minister needs to come out and say he will support the EHRC guidance when it comes out. Anything less will be Labour betraying the rights of women once again.’

Pressed on the issue last year, Ms Phillipson said: ‘If you were someone that had gone through that formal process of recognition you are, to all intents and purposes, for legal purposes, regarded as being in a different gender regardless of the sex into which you were born... I would think that in those cases people would be using female toilets.’

In her letter to Sir Chris about Ms Phillipson’s apparent new stance, Ms Badenoch said: ‘If ministers or advisers are found to have instructed civil servants to issue misleading material, then there is a clear route to resolve through resignation.’

Sir Chris and Dame Angela declined to comment."
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