Policy to Practice - EEOC Wants to Dismiss Gender-Identity Discrimination Cases

The Equal Employment Opportunity Commission (EEOC) filed motions in federal district courts seeking to dismiss six gender-identity discrimination cases. The EEOC issued information for health care providers concerning how they can assist patients in obtaining pregnancy and childbirth related workplace accommodations under the Pregnant Workers Fairness Act. The Trump Administration issued an Executive Order requiring any proposed new rules issued by a federal agency be accompanied by ten existing rules that will be repealed. The House Education and Workforce Committee released its oversight plans for the 119th Congress.

EEOC Files Motion to Dismiss Gender-Identity Discrimination Cases – The Equal Employment Opportunity Commission (EEOC) filed motions in federal district courts to dismiss six gender-identity discrimination cases. The cases are seen as inconsistent with the Trump Administration’s position as detailed in Executive Order 14168, “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” According to the EEOC, the executive order “directed federal agencies to enforce laws governing sex-based rights, protections, opportunities, and accommodations to protect men and women as biologically distinct sexes…” Following the issuance of the Executive Order, the Office of Personnel Management (OPM) issued “Initial Guidance Regarding President Trump’s Executive Order Defending Women” stating that “all federal employees must comply with and take actions to effectuate the Order.”

These cases all allege discrimination against transgender or gender non-conforming workers. The cases were filed by the EEOC against employers in Illinois, Alabama, California, Illinois, and New York. In the motions to dismiss, the EEOC stated that the “continued litigation of the claim in this action may be inconsistent with the Order and the OPM Guidance.” The individuals on whose behalf these cases were filed retain to continue the litigation without the assistance of the EEOC. The District Courts need to approve the motions to dismiss.