The Equal Employment Opportunity Commission (EEOC) is classifying new gender identity discrimination complaints as its lowest priority, effectively placing them on hold. This decision follows President Trump's executive order recognizing only two sexes.
Internal memos instructed staff to code these cases as 'C,' the lowest category usually reserved for meritless charges. While the EEOC spokesman declined to comment, citing federal law, employees report these directives came from a Microsoft Teams meeting.
This action follows the EEOC's decision to drop seven pending lawsuits alleging similar discrimination. Critics, including former EEOC commissioner Chai Feldblum, argue this prioritization pre-determines the merit of these cases and prevents the EEOC from fulfilling its duty. While the EEOC may still issue 'right to sue' notices and mediate, they will not pursue cases beyond mediation.
The new approach raises questions regarding its compliance with the Supreme Court's 2020 Bostock v. Clayton County ruling, which established that Title VII prohibits workplace discrimination based on gender identity. Civil rights activists accuse the EEOC of defying this ruling. The EEOC received over 3,000 charges related to sexual orientation or gender identity in both 2023 and 2024.