A federal trial court in Tennessee has temporarily blocked enforcement within 20 states of guidance issued last year by the Equal Employment Opportunity Commission (EEOC) regarding discrimination based on sexual orientation and gender identity (SOGI).
The court’s order stems from a lawsuit brought by 20 state attorneys general alleging that the EEOC issued the guidance without complying with mandatory administrative notice and comment requirements as well as alleging that the guidance goes beyond the scope of the Supreme Court’s landmark decision in Bostock v. Clayton County, the 2020 ruling holding that Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sexual orientation and gender identity.
It is unclear at this point what the impact on the EEOC’s enforcement of the interpretations contained in the guidance will be if ultimately the guidance is ruled illegal. For now, the court’s order specifically provides that it applies only to the 20 state entities that are parties to the lawsuit, meaning that the order does not prevent the EEOC or individuals from pursuing claims under Title VII against private employers based on its interpretations.
Members of the Center for Workplace Compliance (CWC) can read more here.