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The U.S. Equal Employment Opportunity Commission, the federal agency responsible for enforcing the law against workplace discrimination, allows several complaints by transgender workers to continue. This is a change from previous guidance that stopped incidents claiming workplace discrimination against transgender people indefinitely.
An email was sent to EEOC leaders earlier this month, with Thomas Colclough, director of the agency’s Office of Field Programs, saying that the complaint of new transgender workers “clearly we will continue to process these fees if employment, discharge or promotion includes employment, discharge or promotion.”
Despite changes, these complaints face higher scrutiny than other workplace discrimination cases, which requires approval of Andreal Rucas, the EEOC chairman appointed by President Donald Trump earlier this year.
Lucas states that one of her priorities is “advocating for the biological and binary reality of rights associated with sex.”
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Representing EEOC Chair Andrea Lucas said one of her priorities is “advocating for the biological and binary reality of rights associated with sex.” (Getty Images)
Since Trump returned to presidency in January, the EEOC has stepped away from previous interpretations of the Civil Rights Act, which includes a prohibition of workplace discrimination against people based on gender identity.
This comes after the publication of the landmark discovery a decade ago that transgender civilian employees in the US military faced discrimination when employers refused to use pronouns that workers liked, or allowed bathrooms to be used based on gender identity rather than biological sex.
Under Lucas’ authority, the EEOC has dropped several lawsuits alleging discrimination against transgender workers. Lucas defended the decision last month during a confirmation hearing of the Senate committee, saying Trump’s executive order is limited to two genders: male and female.
However, she also acknowledged that the Supreme Court in 2020 was ruling Bostock v. Clayton County.
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Since Trump returned to presidency in January, the EEOC has stepped away from previous interpretations of civil rights law. (Andrew Haller/Getty Images)
Colclough said in an email that the EEOC would consider a complaint of transgender discrimination that would “downrightly” the Supreme Court’s decision, including a transgender ruling.
“Under federal law, claim inquiries and discrimination charges against the EEOC are confidential,” an EEOC spokesman told The Associated Press, denied commenting on details of the updated policy.
“As per Title VII, as legally necessary, the EEOC will accept and continue to investigate claims on all grounds protected by law, and provide those charges to relevant employers,” the spokesman added.
However, even cases in which the EEOC considers based on the Supreme Court decision must be reviewed by a senior counsel and sent to Lucas for final approval.
The expanded review process of transgender cases is not typical of other discriminatory complaints, but reflects an increase in scrutiny of these cases, according to previous appointments by former Chai Feldblum, who was appointed former President of former EEOC Chai Feldblum.
Under current leadership, the EEOC has dropped several lawsuits alleging discrimination against transgender workers. (Getty Images)
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“It’s a small improvement because certain claims of discrimination can progress,” Feldbram told The Associated Press. “But overall, we won’t fix the horrifyingly legally inappropriate situations currently occurring in EEOC.”
Colclough’s email did not clarify how long the review process would take or whether cases that include additional claims such as harassment or retaliation are eligible to continue.
“This does not mean that EEOCs are clear to the public about their own staff or what claims will be processed,” Feldblum said. “This is not a panacea.”
The Associated Press contributed to this report.
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