Federal agency shifts stance on transgender discrimination complaints, but hurdles remain

The EEOC will allow some complaints filed by transgender workers to move forward, shifting course from earlier guidance that indefinitely stalled all such cases.

The federal agency responsible for enforcing laws against workplace discrimination will allow some complaints filed by transgender workers to move forward, shifting course from earlier guidance that indefinitely stalled all such cases, according to an email obtained by The Associated Press.

The email was sent earlier this month to leaders of the U.S. Equal Employment Opportunity Commission with the subject line "Hot Topics," in which Thomas Colclough, director of the agency's Office of Field Programs, announced that if new transgender worker complaints involve "hiring, discharge or promotion, you are clear to continue processing these charges."

But even those cases will still be subject to higher scrutiny than other types of workplace discrimination cases, requiring approval from President Donald Trump's appointed acting agency head Andrea Lucas, who has said that one of her priorities would be "defending the biological and binary reality of sex and related rights."

Since Trump regained office in January, the EEOC has moved away from its prior interpretation of civil rights law, marking a stark contrast to a decade ago when the agency issued a landmark finding that a transgender civilian employee of the U.S. Army had been discriminated against because her employer refused to use her preferred pronouns or allow her to use bathrooms based on her gender identity.

Under Lucas's leadership, the EEOC has dropped several lawsuits on behalf of transgender workers. Lucas defended that decision during her June 18 Senate committee confirmation hearing in order to comply with the president's executive order declaring two unchangeable sexes.