Labor & Employment Law Daily Wrap Up, HOUSE NEWS—House Democrats urge Lucas to resume addressing discrimination against transgender, nonbinary workers, (Jun 16, 2025)

By Patricia K. Ruiz, J.D.

The letter describes actions by Lucas that leave transgender and nonbinary workers vulnerable to discrimination.

U.S. Representatives Robert C. “Bobby” Scott (D-VA), Mark Takano (D-CA), and Suzanne Bonamici (D-OR) led 70 members of the House Education and Workforce Committee in a letter to Andrea Lucas, acting chair of the Equal Employment Opportunity Commission (EEOC). The representatives urged Lucas to uphold her obligations under federal law and address discrimination against transgender and nonbinary workers.

Precedent. The letter cites the Supreme Court’s decision in Price Waterhouse v. Hopkins, in which the Court held that discrimination based on gender stereotypes is a form of sex discrimination under Title VII. In Macy v. Holder, the EEOC relied on Price Waterhouse in holding that discrimination based on gender identity is a form of sex discrimination that violates Title VII. The Supreme Court affirmed this interpretation in Bostock v. Clayton County, in which it held that discrimination based on gender identity is prohibited by Title VII. The EEOC has decided a number of additional cases clarifying different ways in which unlawful gender identity discrimination may occur in the workplace.

Changes under Lucas’s leadership. The letter emphasized that the EEOC was created under Title VII to address discrimination against workers. However, under Lucas’s leadership, the EEOC has abandoned this responsibility when it comes to transgender and nonbinary workers, the letter states, with Lucas reportedly instructing EEOC employees to stop processing claims alleging gender identity-based discrimination and then to classify all new gender identity-based discrimination complaints as its lowest priority, a categorization reserved for meritless charges that puts the processing of such complaints in an indefinite hold. Additionally, the EEOC filed motions to dismiss with prejudice cases it originally brought against employers accused of gender identity discrimination.

The letter describes a number of other actions taken by the EEOC under Lucas’ leadership that leaves individuals vulnerable to discrimination on the basis of gender identity in potential violation of Bostock. Moreover, in EEOC filings in court and in Lucas’s previous statements, Lucas has invoked a sweeping executive order stating that it is the policy of the federal government to only recognize two sexes and seeks to have all agencies refuse to acknowledge the existence of transgender people, the letter states.

Restoration of protections. The representatives urged Lucas to uphold her obligations as acting chair and a commissioner of the EEOC to address discrimination against transgender and nonbinary workers by instructing employees to process and prioritize gender identity discrimination complaints like all other unlawful discrimination complaints; ensuring employees are properly assessing these complaints based on their merits; and treating considerations of gender identity charges like all other charges, as well as restoring webpages and resources that support the transgender and nonbinary community to acknowledge their existence and legal protections. The representatives also urged Lucas to properly enforce Bostock and other EEOC precedents.

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