As part of its ongoing efforts to reshape federal laws about discrimination, the Trump administration recently loosened its recommendations about workplace protections. The U.S. Equal Employment Opportunity Commission (EEOC) voted to change its guidance about discrimination on the bases of gender identity and expression.
In 2024, under the Biden administration, the EEOC updated its discrimination guidance with provision specifying that prohibited harassment on the basis of sex can include harassment on the basis of gender identity and expression. The guidance suggested that, for example, a transgender worker might have a claim for unlawful harassment if a manager repeatedly used the wrong pronouns for them or continually addressed them by a name they no longer used. This guidance was intended to conform to the Supreme Court ruling in a case known as Bostock v. Clayton County.
In a 2-1 vote, the commission moved to rescind this guidance. EEOC Chair Andrea Lucas said that the Bostock ruling applies only to hiring and firing, and does not apply to workplace harassment cases. The change in guidance is considered immediate, skipping the customary comment and review period.
What does this mean for Colorado workers and employers?
The EEOC is a federal agency responsible for enforcing federal anti-discrimination laws in the workplace. It also publishes guidance that helps employers understand how to set their own anti-discrimination policies and, they hope, avoid discrimination claims.
In changing its guidance, the EEOC cannot overturn a Supreme Court ruling or eliminate a federal statute, but it signals how the EEOC’s priorities in how it interprets worker protection laws.
It’s also important to note that Colorado has its own anti-discrimination laws that protect workers. These include certain protections for gender identity and expression. Workers in Colorado who have been subject to discrimination on the basis of gender or other protected characteristics should learn about their options by speaking with professionals with experience in employment law.