In a move causing significant concern among advocates and workers, the U.S. Equal Employment Opportunity Commission (EEOC) has reportedly directed its staff to classify all new workplace discrimination complaints related to gender identity as its lowest priority, effectively putting these investigations on indefinite hold. This decision represents a substantial shift in civil rights enforcement and poses new challenges for transgender and nonbinary individuals facing discrimination on the job.
According to two anonymous EEOC employees familiar with the matter, the directive was clarified during an internal agency meeting on Wednesday. Staff responsible for processing incoming discrimination charges were instructed to code new gender identity-related cases as “C” charges. This classification is typically reserved for complaints the agency deems meritless upon initial review.
The internal sources indicated the meeting, led by the EEOC’s national intake coordinator, aimed to align agency practices with President Donald Trump’s January 20th executive order. That order mandates federal recognition of only two “immutable” sexes, male and female, a stance directly conflicting with established legal protections for gender identity. An EEOC spokesperson declined to comment on the internal meeting, citing federal laws restricting discussion of investigatory practices.
This policy change marks the latest step by the EEOC, under the current administration, to pull back from defending the rights of transgender and nonbinary workers. Earlier this year, the agency moved to withdraw from seven pending lawsuits alleging discrimination against these communities. EEOC Acting Chair Andrea Lucas has publicly stated that implementing the President’s executive order on gender and “defending the biological and binary reality of sex” are among her priorities. Previously, she had ordered that any discrimination charge potentially involving the executive order be escalated to headquarters for review.
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The decision to now categorize these cases at the lowest priority level effectively prevents meaningful investigation. While workers can still request mediation or a “right to sue” notice (allowing them to pursue private legal action), the agency itself will reportedly take no further investigative action if mediation fails. This leaves individuals experiencing discrimination with significantly diminished recourse through the very agency created to protect them. Filing a charge with the EEOC is often a prerequisite before workers can pursue lawsuits independently.
Chai Feldblum, an EEOC commissioner from 2010 to 2019, criticized the move, stating that assigning the lowest priority essentially prejudges the cases as lacking merit. “If they are sweeping them out the door as ‘C’ charges, they are not doing their job,” Feldblum commented, contrasting it with the previous directive, which, despite concerns, maintained a “facade” of consideration.
This new approach intensifies the conflict between the EEOC’s actions and the landmark 2020 Supreme Court ruling in Bostock v. Clayton County. The Bostock decision established that Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination based on sexual orientation and gender identity. Civil rights groups argue the EEOC is illegally defying the Supreme Court and abandoning its enforcement mandate.
Despite the shift in enforcement priorities, the need remains significant. The EEOC received over 3,000 charges alleging discrimination based on sexual orientation or gender identity in Fiscal Year 2024, mirroring similar numbers from 2023, according to agency data. This new policy leaves thousands of workers potentially vulnerable, navigating workplace bias with fewer federal protections immediately available.
