On May 15, 2025, U.S. Federal District Judge Matthew J. Kacsmaryk of the Northern District of Texas ruled that specific allocations of the Equal Employment Opportunity Commission’s (EEOC) 2024 guidance were invalid. The guidance stated that harassment based on sexual orientation and gender identity—such as pronoun misuse or denying bathroom access based on gender identity—constituted illegal sex discrimination under Title VII of the Civil Rights Act of 1964.
Judge Kacsmaryk vacated portions of the guidance, asserting that the EEOC overstepped its authority by extending the definition of “sex discrimination” to entities “beyond the biological binary.” The court further contended that the EEOC misinterpreted the Supreme Court’s decision in Bostock v. Clayton County, 590 U.S. 644 (2020). Specifically, although that case held that Title VII of the Civil Rights Act of 1964 protects employees against discrimination on the basis of sexual orientation or gender identity, it did not redefine “sex” to include broader gender identity issues.
This ruling applies nationwide, and the EEOC has updated its website to show which portions of the guidance are now invalid. Due to the current shift in enforcement priorities within the new administration, the EEOC is unlikely to challenge this ruling. Many state and local laws, however, will continue to enforce protection based on sexual orientation and gender identity – some being as expansive as the vacated guidance.
Employers are advised to review their policies and training to ensure they remain compliant with all federal, state, and local laws.
In response to the May 15 court order, the EEOC has labeled and shaded portions of the document that are no longer in effect. For more details, you can view the updated guidance here.
