EEOC Shifts Policy on Transgender Workplace Discrimination Under Trump

In a significant shift, the U.S. Equal Employment Opportunity Commission (EEOC) has decided to allow certain transgender workplace discrimination complaints to move forward, marking a departure from previous guidance that stalled such cases. This change, communicated earlier this month via an internal email from Thomas Colclough, director of the agency’s Office of Field Programs, focuses on issues like hiring, discharge, and promotion. However, these cases will still undergo intense scrutiny, requiring final approval from acting EEOC chair Andrea Lucas, a Trump appointee with a stated focus on defending a binary view of sex.

Since President Trump’s return to office, the EEOC has pivoted away from broader protections for gender identity under civil rights law. This rollback contrasts with a landmark 2020 Supreme Court ruling in Bostock v. Clayton County, which affirmed that discrimination based on transgender status or sexual orientation constitutes sex discrimination. Despite this, Lucas has dropped several related lawsuits, aligning with a Trump executive order emphasizing only two sexes—male and female.

While the EEOC will now process transgender discrimination claims that align with the Supreme Court’s decision, the process isn’t without hurdles. Each case must be vetted by a senior attorney and Lucas herself, a level of oversight not typically applied to other discrimination complaints. Critics, including former EEOC commissioner Chai Feldblum, argue this creates an uneven playing field, calling the situation at the agency legally improper despite the slight progress.

What remains unclear is how long these reviews will take or whether claims involving harassment or retaliation will be considered. For now, this policy update offers a narrow window for transgender workers seeking justice, but it’s far from a comprehensive solution. The fight for workplace equality continues to navigate a complex and often contentious landscape.