The guidance clarified the definition of harassment under federal law.
Texas Attorney General Ken Paxton has filed a lawsuit against the Equal Employment Opportunity Commission (EEOC), U.S. Attorney General Merrick Garland, and other members of President Joe Biden’s administration. The lawsuit aims to prevent the implementation of guidance that Paxton believes will unlawfully impose “transgender mandates” on employers.
The legal challenge focuses on federal guidance issued in April that extends Title VII protections to transgender employees by defining harassment under federal law.
However, Paxton argues that the guidance is unlawful and could lead to EEOC lawsuits against private and state employers who do not accommodate employees’ preferred gender identity over their biological sex.
“The Biden-Harris Administration is trying to rewrite federal law through illegal agency action,” said Paxton.
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Examples of harassment based on sexual orientation or gender identity include epithets, physical assault, outing, harassing conduct due to non-stereotypical presentation, and intentional misgendering.
‘Blatant Abuse of Federal Power’
Under the guidance, harassment also encompasses denying access to gender-appropriate facilities.
Paxton stated, “The Bostock majority interpreted ‘sex’ as biological distinctions and did not consider gender identity norms.”
He further contends that the agency overstepped its authority by issuing guidance that contradicts the law and violates the Administrative Procedure Act.
The lawsuit seeks to permanently block the guidance and prevent the Biden administration from enforcing it.
Paxton’s lawsuit, filed with the Heritage Foundation, also names EEOC Chairwoman Charlotte Burrows as a defendant.
Dan Mauler, general counsel for The Heritage Foundation, expressed support for Texas in this legal action.
The Epoch Times has reached out to the EEOC and the Department of Justice for comments.
