Context:

The Trump administration has adjusted the U.S. Equal Employment Opportunity Commission's (EEOC) approach to handling transgender workplace discrimination claims, allowing certain complaints to proceed under stricter scrutiny. Acting EEOC Chair Andrea Lucas, appointed by Trump, prioritizes defending the 'biological and binary reality of sex,' which impacts the evaluation of such claims. The EEOC had previously halted progress on these cases, but will now consider complaints related to hiring, discharge, and promotion, requiring final approval from Lucas. This change follows a shift from previous interpretations of civil rights law that protected gender identity, although the 2020 Supreme Court ruling in Bostock v. Clayton County recognized discrimination based on gender identity as unlawful. Former EEOC commissioner Chai Feldblum notes that while the change is a slight improvement, it does not resolve underlying legal issues at the EEOC, as the review process remains unclear and potentially lengthy.

Dive Deeper:

• Andrea Lucas, appointed by Trump as acting EEOC chair, emphasizes defending the binary reality of sex, which influences the agency's approach to transgender discrimination claims. This stance aligns with Trump's executive order that recognizes only two sexes—male and female.

• The EEOC will now allow certain discrimination complaints from transgender workers involving hiring, discharge, and promotion to proceed, reversing earlier guidance that halted such cases. However, these claims will face higher scrutiny and require approval from Lucas.

• The Supreme Court's 2020 decision in Bostock v. Clayton County affirmed that sex discrimination includes gender identity and sexual orientation, but the EEOC's current approach under Lucas does not fully align with this interpretation.

• Former EEOC commissioner Chai Feldblum argues that although the agency's policy adjustment permits some claims to move forward, it does not adequately address broader legal and procedural issues within the EEOC.

• The scrutiny and review process for transgender discrimination cases differ from other types of discrimination complaints, highlighting the agency's heightened examination under Lucas' leadership. This process involves a senior attorney advisor and Lucas' final approval.

• Thomas Colclough, director of the EEOC's Office of Field Programs, communicated the policy change in an email, yet did not specify the duration of the review process or whether cases involving additional claims, such as harassment or retaliation, might proceed.

• The EEOC's updated policy continues to raise concerns about transparency and clarity for both its staff and the public, as the criteria for processing charges remain ambiguous, according to Feldblum.