Judge Strikes Down Biden-Era Employment Discrimination Guidance on Gender Identity

The judge said that Title VII ‘does not require employers or courts to blind themselves to the biological differences between men and women.’

The emblem of the U.S. Equal Employment Opportunity Commission (EEOC) is shown on a podium in Vail, Colo., Feb. 16, 2016. David Zalubowski, File /AP Photo

A federal judge in Texas on May 15 vacated portions of the Biden-era enforcement guidance on workplace harassment that pertained to gender-based discrimination.

The decision stemmed from a lawsuit filed in August 2024 by Texas Attorney General Ken Paxton and the Heritage Foundation, which sought to prevent the Equal Employment Opportunity Commission (EEOC) from enforcing guidelines that require employers to use preferred pronouns and eliminate sex-specific workplace dress codes.