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5d ago

Federal Judge Invalidates LGBTQ+ Workplace Harassment Protections

Judge Kacsmaryk's ruling strikes down EEOC guidance on gender identity and sexual orientation, creating uncertainty for employers and workers.

FILE - The emblem of the U.S. Equal Employment Opportunity Commission (EEOC) is shown on a podium in Vail, Colorado, Feb. 16, 2016, in Denver. (AP Photo/David Zalubowski, File)
Judge's gavel over red and black background
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Overview

  • Judge Matthew Kacsmaryk ruled that the EEOC's 2024 workplace harassment guidance exceeded its statutory authority under Title VII of the Civil Rights Act.
  • The decision invalidates protections against harassment based on sexual orientation and gender identity, limiting Title VII to termination protections for LGBTQ+ workers.
  • The ruling contradicts the Supreme Court's 2020 Bostock decision, which held that discrimination based on sexual orientation or gender identity is sex discrimination.
  • The case was brought by Texas and the Heritage Foundation under Project 2025, a conservative effort to scale back federal LGBTQ+ protections.
  • The decision leaves employers navigating conflicting federal standards, while appeals and administrative responses are being considered.