The federal agency responsible for safeguarding workers’ civil rights has decided to categorize new cases of discrimination related to gender identity as a low priority, effectively placing them on an indefinite hold. This decision comes from two employees within the agency, who wish to remain anonymous.
In an effort to clarify its approach to gender-identity discrimination complaints, the U.S. Equal Employment Opportunity Commission (EEOC) held a meeting on Wednesday. This meeting was influenced by President Donald Trump’s executive order issued on January 20, which stated that the government acknowledges only two “immutable” sexes—male and female. During the meeting, staff members responsible for managing new complaints were told to classify them under “C,” the lowest priority in the EEOC’s system, typically used for cases deemed baseless. This meeting included supervisors, district directors, and support staff through Microsoft Teams and was led by the EEOC’s national intake coordinator.
An EEOC spokesperson chose not to comment on the meeting specifics, citing federal laws that restrict discussions around investigatory practices.
This recent move follows in step with previous actions by the EEOC to lessen its support for transgender and nonbinary workers’ rights, marking a significant change in civil rights enforcement under the Trump administration. Earlier in the year, the EEOC withdrew from seven ongoing lawsuits alleging discrimination against these groups.
Acting Chair Andrea Lucas of the EEOC, herself a Republican, has made it clear that one of her priorities involves enacting Trump’s executive order on gender and upholding the “biological and binary reality of sex and related rights.” She has previously instructed that any discrimination charges involving Trump’s gender order should be reviewed centrally by headquarters.
As a result of this new decision to de-prioritize gender identity-related complaints, workers facing discrimination based on gender identity may find that their options for recourse are limited. Under usual circumstances, U.S. workers are required to file discrimination complaints through the EEOC before exploring other legal options. Deciding that these cases have a low priority effectively labels them as groundless, said Chai Feldblum, who served as an EEOC commissioner from 2010 until 2019.
“Even if they claim to centralize cases for due consideration, they’re only maintaining a pretense of doing something,” said Feldblum regarding Lucas’ earlier directive on these cases. “By categorizing them as ‘C’ charges, they’re neglecting their responsibilities.”
The EEOC has stated that it will still issue “right to sue” notices in gender-identity related cases upon request, allowing workers the option to pursue legal action independently. The agency will consider requests for mediation, as noted by employees who participated in the recent meeting. However, should mediation efforts fail, the EEOC will not engage further with the case, according to the same employees.
This new stance has sparked debate over whether the EEOC’s approach conflicts with the Supreme Court’s 2020 decision in Bostock v. Clayton County, which confirmed that Title VII of the Civil Rights Act prohibits workplace discrimination on the basis of gender identity. Civil rights advocates have argued that the EEOC is unlawfully contravening the Supreme Court’s decision and failing in its obligation to enforce anti-discrimination laws by dropping gender-identity related lawsuits. Although Lucas has expressed that the EEOC must comply with Trump’s executive orders, she has not directly responded to criticisms regarding how gender-identity complaints are handled in light of the Supreme Court’s ruling.
In fiscal year 2024, the EEOC received over 3,000 charges alleging discrimination based on sexual orientation or gender identity, surpassing a similar number in 2023, according to data available on the agency’s website.