Federal Judge Strikes Down Workplace Protections For Trans And Gay People
With legal protections under attack, advocates are gearing up for a renewed fight in the courts and beyond.
In a major blow to workplace protections for trans and queer people, a federal judge in Texas has ruled that employers can legally harass LGBTQ+ workers, so long as they don’t outright fire them.
Judge Matthew Kacsmaryk, a Trump appointee known for far-right rulings, struck down federal guidance from the Equal Employment Opportunity Commission (EEOC) that recognized misgendering, restroom bans, and discriminatory dress codes as forms of workplace harassment. The case was brought by the State of Texas and the Heritage Foundation, the conservative think tank behind Project 2025.
At the heart of Kacsmaryk’s decision is a rejection of the Supreme Court’s 2020 Bostock v. Clayton County ruling, which held that discrimination based on sexual orientation or gender identity is inherently sex-based and therefore violates Title VII of the Civil Rights Act.
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But according to Kacsmaryk, Bostock only protects against being fired, not against being bullied, misgendered, or denied basic dignity at work. He ruled that Title VII does not bar employers from enforcing dress codes based on assigned sex or from restricting bathroom access for transgender employees. “A male employee must use male facilities like other males,” he wrote, disregarding transgender identity altogether.
He went even further, ordering the removal of all federal employment policy language that defines “sex” to include “sexual orientation” and “gender identity.” This includes key sections of the EEOC’s 2024 guidance aimed at preventing harassment in the workplace.
The Heritage Foundation praised the decision. “This ruling is more than a legal victory. It’s a cultural one,” said President Kevin Roberts in a statement, calling the guidance “leftist ideology.”
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But civil rights advocates saw it very differently.
“The district court’s decision is an outrage and blatantly at odds with Supreme Court precedent,” Liz Theran, senior director of litigation for education and workplace justice at the National Women’s Law Center, said in a statement. “It will make it harder for LGBTQIA+ workers to enforce their rights and experience a workplace free from harassment.”
While the ruling will likely be appealed, its immediate impact is chilling. It gives employers cover to reintroduce discriminatory policies and it sends a devastating message to LGBTQ+ workers: you’re on your own.
If you’ve experienced discrimination or harassment in the workplace based on your sexual orientation or gender identity, resources are still available. Reach out to the Lambda Legal Help Desk, the ACLU, or the National Center for Transgender Equality for guidance.
