In a move that underscores the contentious battle lines over gender identity in the workplace, Texas Attorney General Ken Paxton has filed a lawsuit against key figures in the Biden Administration, including the U.S. Attorney General Merrick Garland and the Equal Employment Opportunity Commission (EEOC). According to a report from the Texas Attorney General's office, the suit aims to block recently issued EEOC enforcement guidance — guidance that Texas officials argue expands the definition of "discrimination" under Title VII of the Civil Rights Act of 1964 to include gender identity.
Released on April 29, amidst a split vote, the EEOC's guidance would require employers to recognize employees' gender identities, mandating the use of "preferred pronouns," access to gender-appropriate facilities, and the elimination of sex-specific dress codes; the Texas Attorney General's office contends that not only does this directive misrepresent the Supreme Court's prior Bostock v. Clayton County decision but it also oversteps the bounds of the EEOC's legal authority. The EEOC, the suit alleges, has violated the Administrative Procedure Act by instituting guidelines that conflict with the established law, thereby prompting Attorney General Paxton to request an injunction against the enforcement of this rule.
In a public declaration tied to the lawsuit's announcement, Attorney General Paxton accused the Biden-Harris Administration of attempting to "rewrite federal law through undemocratic and illegal agency action." Paxton emphasized Texas's resolve to impede what is seen as an "unlawful weaponization" of the EEOC against private businesses and states, as relayed by the Texas Attorney General's office. The Heritage Foundation, a conservative think tank, has also joined the fray as a co-plaintiff, echoing Paxton's sentiments regarding federal overreach and the perceived assault on legal norms.
"Heritage is proud to join the great state of Texas as co-plaintiff to fight another blatant abuse of federal power by the Biden/Harris Administration—the EEOC’s new harassment guidance, " Heritage Foundation's General Counsel Dan Mauler was quoted, his statement asserting that the EEOC has transgressed the limits of its congressionally granted authority, violated the First Amendment, and potentially jeopardized women's safety with its newly defined mandates; these sentiments were shared in further detail through the press release from the Texas Attorney General's office. The lawsuit presents another layer to the national dialogue on transgender rights, one that continues to divide opinion among policymakers, civil rights advocates, and the broader public.
