The Equal Employment Opportunity Commission (EEOC) has issued an appellate decision allowing federal agencies to maintain bathrooms and lockers as single-sex only. A bipartisan group of Senators has written to federal agencies urging them to collect and release data concerning the impact of artificial intelligence on the labor market. A House of Representatives subcommittee held a hearing on innovative approaches to paid leave. The Department of Labor has released a tool that will provide information as to how union dues are spent.
EEOC Rules that Federal Agencies Can Maintain Single-Sex Bathrooms – The Equal Employment Opportunity Commission (EEOC) issued an appellate decision allowing federal agencies to maintain bathrooms and other spaces such as lockers as single-sex only. The decision states that “Title VII permits a federal agency employer to maintain single-sex bathrooms and similar intimate spaces. And it permits a federal agency employer to exclude employees, including trans-identifying employees, from opposite-sex facilities.” EEOC Chair Andrea Lucas stated, “Today’s opinion is consistent with the plain meaning of ‘sex’ as understood by Congress at the time Title VII was enacted, as well as longstanding civil rights principles: that similarly situated employees must be treated equally.”
The complainant in this case is a male civilian employee at Fort Riley, Kansas. In 2025, he informed management that he now identified as a woman and requested to use female-designated bathrooms and locker rooms. The request was denied, relying on Executive Order 14168 issued by President Trump that directs federal agencies to ensure that bathrooms and locker rooms are “designated by sex and not identity.” The complainant filed an EEO complaint, which was dismissed for failure to state a claim, resulting in this appeal.
The decision notes that no federal court has addressed whether Title VII of the Civil Rights Act of 1964 allows single-sex bathrooms and other intimate spaces in the workplace, nor has it ruled as to whether the law requires trans-identifying employees to access space reserved for the opposite sex. The decision provides that Congress has not chosen to amend Title VII to address transgender employees. The decision states that “Single-sex bathrooms continue to provide trans-identifying employees with the same benefits and privacy protections as their nontrans-identifying coworkers. This is equality, not bigotry.”
The decision cautions that it only applies to federal agencies and not to any other type of employer. However, this decision may indicate the position of the EEOC on this issue, irrespective of the employer.
Senators Urge AI Data Collection – A bipartisan group of nine U.S. Senators wrote to the Department of Labor, Bureau of Labor Statistics, and the Census Bureau, urging them to “prioritize the collection, analysis, and dissemination of high-quality, timely data regarding artificial intelligence’s (AI) impact on the labor market.” The Senators note that there have been varying predictions as to whether AI implementation will result in a loss of jobs or employment growth and that the federal government needs to be a reliable source of information as to the labor market changes that result.
The Joint Explanatory Statement accompanying the appropriations legislation that became law recently encourages the Bureau of Labor Statistics to “evaluate the impact of artificial intelligence on the economy, including job loss, creation, and displacement.” The letter concludes, “At a time when the U.S. workforce is approaching an inflection point due to the acceleration of artificial intelligence, adaptable and responsive federal statistical agencies are necessary in guiding labor market participants, researchers, and policymakers on how to properly respond to this moment.”
Hearing Examines Innovative Approaches to Paid Leave – The House Subcommittee on Workforce Protections held a hearing examining innovative approaches to paid leave. According to the Department of Labor (DOL), only 27 percent of private sector workers in the United States have access to paid family leave benefits through their employer. Representative Ryan MacKenzie (R-PA), chairman of the Workforce Protections Subcommittee, noted that more than 20 states have enacted paid leave programs, but while encouraging, it has been difficult for employers to “navigate the patchwork of paid leave policies across different states.”
He commended the House Bipartisan Paid Leave Working Group that sponsored H.R. 3089, the More Paid Leave for More Americans Act, that would establish public-private partnerships and incentives for coordinating paid leave benefits across states through an Interstate Paid Leave Action Network. He believes that “H.R. 3089 is an important attempt to coordinate state-level programs without dampening the flame of innovation with clumsy federal mandates.”
Elyse Shaw, Director of Education, Labor, and Worker Justice at the Center for Law and Social Policy, testified that the United States is one of only seven countries that do not guarantee paid parental leave. Absent a national paid family and medical leave program, she noted that access “remains limited and inequitable.” She expressed concern that H.R. 3089 does not go far enough in establishing a paid family and medical leave program. She declared support for the Family and Medical Leave Insurance Act (H.R. 5390). This bill would provide up to 12 weeks of partial income during family and medical leave and would guarantee that workers are reinstated following their leave.
Greta Kessler, Vice President, Employee Health and Benefits, Marsh McLennan Agency, testified that while employers widely support paid family and medical leave, the “cost and administrative burden of providing these benefits can be substantial, particularly for small and medium-sized businesses, which often lack the resources to manage leave programs independently.” She noted that those employers that operate in multiple states face the challenge of complying with different state requirements. She expressed support for the establishment of the Interstate Paid Leave Action Network that is part of H.R. 3089. She stated that “the I-PLAN Act has the potential to meaningfully reduce administrative complexity, improve benefit portability, and support a more cohesive national paid leave system—without mandating a single federal program.” She concluded that paid leave is “an essential tool for effective talent management, employee well-being, and organizational stability.”
DOL Releases Tool to Provide Information on How Union Dues Are Spent – The Department of Labor’s (DOL) Office of Labor Management Standards launched a data visualization tool that will provide information to union members as to how their union dues are being spent. “Union members work hard to earn their paychecks and contribute their union dues—they shouldn’t have to work hard to understand how those dues are being spent,” said Secretary of Labor Lori Chavez-DeRemer. Certain unions are required to file annually Form LM-2 reporting their assets, liabilities, receipts, and disbursements. The new tool will take the information from Form LM-2 and display it in interactive graphs, charts, and searchable tables containing comparisons over multiple years.
Neil Reichenberg is the former executive director of the International Public Management Association for Human Resources. He is an attorney, a frequent writer and speaker on public policy and human resource issues, and an adjunct faculty member at George Mason University. For questions or additional information, contact Neil Reichenberg at [email protected].