“A presidential administration cannot on its own rewrite the equal employment opportunity statutory scheme woven through the federal fabric by laws like Title VII,” Ward explained, noting though that the EEOC’s new direction may make it harder for employees to have gender identity discrimination claims addressed by the agency.
Though the EEOC’s removal of gender identity guidance “does not change Bostock’s definitive statement that Title VII covers gender identity,” Ward added, “its withdrawal surely indicates that enforcing Bostock’s mandate will no longer be a priority for the EEOC.”
For Ward’s Labor & Employment Law Perspectives blog exploring changes at the EEOC under the new administration, click here.
