Overview

• Judge Matthew Kacsmaryk ruled that the EEOC's 2024 guidance expanding Title VII to protect LGBTQ+ workers from harassment exceeded its authority.
• The ruling vacates sections of the guidance that defined 'sex' to include sexual orientation and gender identity, limiting protections for LGBTQ+ employees.
• The decision stems from a lawsuit filed by Texas and the Heritage Foundation under Project 2025, challenging the EEOC's interpretation of Title VII.
• EEOC Acting Chair Andrea Lucas, aligned with Trump-era policies, previously criticized the guidance and is expected to conform to the ruling.
• Legal and workplace uncertainty grows as the EEOC lacks a quorum to revise its policies, leaving LGBTQ+ workers with fewer avenues for recourse.