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Published on May 22, 2024
Texas AG Ken Paxton Files 75th Lawsuit Against Biden Administration to Block EEOC Gender Identity GuidelinesSource: Texas Attorney General's Office

Texas Attorney General Ken Paxton is once again taking aim at the Biden Administration with a lawsuit seeking to block new guidelines on workplace accommodations for gender identity. This marks the 75th legal action Paxton has brought against the administration, firmly establishing Texas as a battleground for federal authority and social policy.

The contentious guidelines, issued by the Equal Employment Opportunity Commission (EEOC) on April 29, attempted to redefine "sex" under Title VII of the Civil Rights Act of 1964. Paxton alleges that the EEOC is overstepping its bounds by requiring employers to quickly adopt policies about bathroom usage, dress codes, and the use of preferred pronouns in accordance with an employee's gender identity. Texas previously won a ruling against a similar EEOC guidance in 2022, and the latest guidance seems to boldly disregard this decision.

The crux of Paxton's argument rests on the prior incident where a court declared that Title VII did not require employer accommodations for gender identity in contrast with biological sex—a ruling that the Biden Administration did not appeal. This previous legal victory for Texas forms the backbone of Paxton’s current legal challenge. In a statement released by the Texas Attorney General's office, Paxton was quoted asserting, “Yet again the Biden Administration is trying to circumvent the democratic process by issuing sweeping mandates from the desks of bureaucrats that would fundamentally reshape American law."

This lawsuit asks to not only vacate the guidance from April 29 but also seeks injunctive relief to prevent the administration from possibly issuing any further guidelines that run contrary to the law. Paxton's office has been vehement in its stance that the executive branch should not have the power to unilaterally redefine legal standards. "Texas will not stand by while Biden ignores court orders forbidding such actions and we will hold the federal government accountable at every turn”, said Paxton, signaling a readiness to rigorously contest the administration's moves.