EEOC Signals It Won’t Pursue Gender Identity Discrimination Claims

February 19, 2025

What's New

The Equal Employment Opportunity Commission has moved to dismiss six lawsuits that it filed last year alleging gender identity discrimination against employers.

Last week, the EEOC and Harmony Hospitality jointly moved to dismiss the EEOC’s case against Harmony Hospitality, which alleged that it violated Title VII of the Civil Rights Act by firing an employee after learning of the employee’s sexual orientation and gender identity. They noted that the EEOC’s continued litigation may be inconsistent with President Trump’s Executive Order 14168, which establishes the federal government’s position that there are two sexes—male and female—that are not changeable. The EEOC also filed several motions to dismiss similar gender identity discrimination lawsuits.

What It Means

The numerous dismissal motions are the most significant evidence yet that the Trump administration’s EEOC will take a different approach than the Biden administration toward charges alleging gender identity discrimination. Ultimately, the determination of whether Title VII covers such claims is up to the federal courts, but it is now clear that the EEOC will not pursue litigation, at least in some cases.

What You Should Do

CWC encourages members to confidentially share with us their experience with the EEOC’s handling of gender identity discrimination charges so we have an accurate understanding of these changes’ practical impact.

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