Texas AG moves to block Biden admin. guidance requiring that employers allow transgender workers to use bathrooms and dress in a manner aligned with their gender identity, following a separate challenge by 20 other Republican-led states.
The EEOC guidance was issued in response to the U.S. Supreme Court’s landmark 2020 ruling in Bostock v. Clayton County, which said discrimination against gay and transgender workers is a form of unlawful sex bias under Title VII of the Civil Rights Act of 1964.
But Paxton’s office on Monday said the guidance interpreted Bostock too broadly. The justices expressly declined to decide if the ruling applied to sex-segregated bathrooms and locker rooms, the AG said, but the EEOC improperly concluded that it did. “While [Bostock] held that ‘discrimination based on homosexuality or transgender status necessarily entails discrimination based on sex,’ the June 15 Guidance instead addresses the converse question: whether discrimination on the basis of sex necessarily entails discrimination based on transgender status,” the AG said.
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