In a move that has sparked intense debate and controversy, the U.S. Equal Opportunity Commission (EEOC) released new harassment guidelines on Monday, dictating that employers who refuse to use an employee’s preferred pronoun or deny them access to their chosen restroom will be engaging in prohibited harassment.
The decision, which was approved along partisan lines with three Democrat appointees in favor and two Republicans opposed, has drawn sharp criticism from nearly two dozen red states.
The guidance elevates gender identity to the same level of protection as race, sex, and religion under discrimination laws.
As stated in the guidance, prohibited harassment now encompasses “repeated and intentional use of a name or pronoun inconsistent with the individual’s known gender identity (misgendering) or the denial of access to a bathroom or other sex-segregated facility consistent with the individual’s gender identity.”
To illustrate the types of conduct that will be prohibited in the workplace, the guidance provides a hypothetical scenario involving Chloe, a transgender purchase order coordinator at a retail store warehouse.
EEOC is twisting the law to include "misgendering" in its definition of workplace harassment.
Another instance of EEOC disregarding Congress to inject its far-left agenda into the workplace, without regard for the harm to workers & religious employers. pic.twitter.com/8WD1prMP1y
— U.S. Senator Bill Cassidy, M.D. (@SenBillCassidy) April 29, 2024
In the example, Chloe’s supervisor, Alton, engages in inappropriate behavior by asking invasive questions about her anatomy and sexual relationships, instructing her to wear pants instead of a dress despite other coordinators being allowed to do so, and intentionally misgendering her in front of coworkers when frustrated.
EEOC Chairwoman Charlotte A. Burrows justified the changes by citing the Supreme Court’s _Bostock v. Clayton_ decision in 2020, which found that a company would violate Title VII anti-discrimination laws if it terminated an employee “simply for being … transgender.”
However, the Biden administration’s guidelines are clearly unconstitutional and will likely be overturned in court, as they go far beyond the scope of the _Bostock_ ruling and lack authorization from Congress.
🚨Unelected bureaucrats are now saying employers must allow men into the women's restroom or they are guilty of harrasment. The new EEOC rule violates religious liberty and First Amendment protections by forcing Christians to say that a man can become a woman. https://t.co/DghBtCpWrd
— Rep. Mary Miller (@RepMaryMiller) April 29, 2024
In November 2022, a group of 20 Republican state attorneys general expressed their opposition to the EEOC’s proposed restrictions on pronouns and bathrooms, arguing that the agency’s efforts were not supported by the _Bostock_ decision or any congressional action. They clearly stated, “Bostock gives no license to these and other of EEOC’s novel proposals.”
As the debate surrounding the new guidelines continues to unfold, it is evident that the Biden administration’s attempt to impose such radical changes in the workplace will face significant legal challenges.
The madness persists, as the federal government appears to prioritize a progressive agenda over the Constitution and the separation of powers.
It remains to be seen how this will be resolved in the courts, but one thing is certain: the battle over gender identity and its place in anti-discrimination laws is far from over.
