Yesterday, Texas Attorney General Ken Paxton launched a lawsuit against the Biden Administration, specifically targeting the Equal Employment Opportunity Commission (EEOC), and U.S. Attorney General Merrick Garland. The suit, which concerns a recent EEOC enforcement guidance, alleges that the federal agency has overreached by mandating that employers accommodate workers' gender identities, as reported by the Texas Attorney General's office.
The EEOC's guidance, issued on April 29, is said to unlawfully expand the scope of Title VII by forcing employers to use so-called "preferred pronouns," allow access to women's facilities based on gender identity, and eliminate sex-specific dress codes. The guidance proposed by the EEOC could result in lawsuits against employers who fail to comply. Paxton claims this action is an attempt to rewrite federal law through unauthorized agency action and has requested the rule be permanently enjoined. "The Biden-Harris Administration is attempting yet again to rewrite federal law through undemocratic and illegal agency action," Paxton stated, according to an announcement.
In addition to the state of Texas, The Heritage Foundation has joined as a co-plaintiff in the lawsuit. Dan Mauler, General Counsel for The Heritage Foundation, criticized the EEOC's new harassment guidance, claiming it exceeds congressional limits, violates the First Amendment, and potentially puts women at risk. "We are proud to be defending small businesses and American families from this illegal overreach," Mauler remarked to the Texas Attorney General's office.
Central to the controversy is the interpretation of the Supreme Court's Bostock v. Clayton County decision from 2020. The EEOC cites this decision as a basis for its guidance, but opponents such as Paxton believe the agency misrepresents the decision to unlawfully expand the definition of discrimination.
