Federal Court Vacates Key SOGI Provisions of EEOC Harassment Guidance

A federal court has vacated portions of the Equal Employment Opportunity Commission’s guidance related to workplace harassment of LGBTQ+ employees.

On May 15, the U.S. District Court for the Northern District of Texas ruled that the EEOC exceeded its authority by issuing the guidance in April 2024. It struck down the portions that define “sex” to include “sexual orientation” and “gender identity” (SOGI). The case is Texas v. EEOC.

The guidance instructed employers to refrain from purposely using incorrect pronouns for employees, refusing to let employees use bathrooms corresponding with their gender identity, and forbidding them to wear clothing consistent with their gender identity. The judge said the guidance conflicted with Title VII of the Civil Rights Act of 1964 and went beyond the Supreme Court’s 2020 Bostock v. Clayton County decision. Bostock held that Title VII protects workers from discrimination based on their sexual orientation and gender identity.

Even though this decision vacates portions of the EEOC’s harassment guidance, employers generally may establish anti-harassment policies that exceed those recommended by the EEOC. In fact, some state and local law may require it.

Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.