A Trump-appointed federal judge slapped down portions of Biden-era Equal Employment Opportunity Commission guidance that claims Title VII protections against sex-based employment discrimination include the concepts of sexual orientation and gender identity.
The ruling, signed by Judge Matthew J. Kacsmaryk of the U.S. District Court for the Northwestern District of Texas, declares that language in the guidance that defines ‘sex’ in Title VII as encompassing sexual orientation and gender identity is ‘contrary to law.’
The ruling declares the same regarding ‘all language defining ‘sexual orientation’ and ‘gender identity’ as a protected class.’
‘Sex-based discrimination under Title VII includes employment discrimination based on sexual orientation or gender identity,’ part of the EEOC’s Enforcement Guidance on Harassment in the Workplace reads. ‘Accordingly, sex-based harassment includes harassment based on sexual orientation or gender identity, including how that identity is expressed.’
The guidance notes that, ‘The contents of this document do not have the force and effect of law, are not meant to bind the public in any way, and do not obviate the need for the EEOC and its staff to consider the facts of each case and applicable legal principles when exercising their enforcement discretion.’
The ruling comes in a legal challenge lodged by the Heritage Foundation — a conservative D.C. think tank — and the state of Texas.
‘The Biden EEOC tried to compel businesses – and the American people – to deny basic biological truth,’ Dr. Kevin Roberts, president of the Heritage Foundation and Heritage Action for America, said in a statement, noting that ‘thanks to the great state of Texas and the work of my Heritage colleagues, a federal judge said: not so fast.
‘This ruling is more than a legal victory. It’s a cultural one,’ he added. ‘It says no – you don’t have to surrender common sense at the altar of leftist ideology. You don’t have to pretend men are women. And you don’t have to lie to keep your job. Heritage is doing exactly what the conservative movement needs to do: stop apologizing, start suing, and take back institutions.’
The White House called it a ‘major win for women and commonsense.’
The judge ‘confirmed what the Trump Administration consistently maintains: government-imposed DEI policies requiring bathroom, dress, and pronoun accommodations are illegal,’ White House spokesman Harrison Fields told Fox News Digital.
On Inauguration Day earlier this year, President Donald Trump issued an executive order declaring it U.S. policy ‘to recognize two sexes, male and female.’
That order called for rescinding guidance documents, or portions of documents, that clash with the order. The EEOC’s Enforcement Guidance on Harassment in the Workplace was specifically mentioned in the order.
However, after Trump issued the order, EEOC Commissioners Charlotte Burrows, Jocelyn Samuels and Kalpana Kotagal said in a joint statement that ‘like all workers, LGBTQI+ workers — including transgender workers — are protected by federal law and entitled to the full measure of America’s promise of equal opportunity in the workplace.’
Samuels and Burrows later said in January they had been informed by the White House that Trump was removing them from their roles as EEOC commissioners.
The EEOC notes on its website that it needs a quorum to vote on rescinding guidance documents.
‘As of January 28, 2025, the EEOC no longer has a quorum of its bipartisan leadership panel of Commissioners, following the departures of two Commissioners. The Commission panel currently is comprised of Republican Acting Chair Andrea Lucas (designated as Acting Chair by President Trump on January 20, 2025) and Democrat Commissioner Kalpana Kotagal,’ the website explains.
The Texas attorney general’s office and the EEOC did not immediately respond to requests for comment from Fox News Digital on Friday.
