Monday, 01 Sep 2025

Trump-appointed federal judge rules against Biden-era sex-based employment discrimination guidance

Federal ruling declares Biden-era guidance claiming that sex-based discrimination includes sexual orientation and gender identity is "contrary to law."


Trump-appointed federal judge rules against Biden-era sex-based employment discrimination guidance

The ruling, signed by Judge Matthew J. Kacsmaryk of the U.S. District Court for the Northwestern District of Texas, declares that language in the guidance that defines "sex" in Title VII as encompassing sexual orientation and gender identity is "contrary to law." 

The ruling declares the same regarding "all language defining 'sexual orientation' and 'gender identity' as a protected class."

"Sex-based discrimination under Title VII includes employment discrimination based on sexual orientation or gender identity," part of the EEOC's Enforcement Guidance on Harassment in the Workplace reads. "Accordingly, sex-based harassment includes harassment based on sexual orientation or gender identity, including how that identity is expressed."

The guidance notes that, "The contents of this document do not have the force and effect of law, are not meant to bind the public in any way, and do not obviate the need for the EEOC and its staff to consider the facts of each case and applicable legal principles when exercising their enforcement discretion."

"This ruling is more than a legal victory. It's a cultural one," he added. "It says no - you don't have to surrender common sense at the altar of leftist ideology. You don't have to pretend men are women. And you don't have to lie to keep your job. Heritage is doing exactly what the conservative movement needs to do: stop apologizing, start suing, and take back institutions."

The White House called it a "major win for women and commonsense."

The judge "confirmed what the Trump Administration consistently maintains: government-imposed DEI policies requiring bathroom, dress, and pronoun accommodations are illegal," White House spokesman Harrison Fields told Fox News Digital.

That order called for rescinding guidance documents, or portions of documents, that clash with the order. The EEOC's Enforcement Guidance on Harassment in the Workplace was specifically mentioned in the order.

The EEOC notes on its website that it needs a quorum to vote on rescinding guidance documents.

The Texas attorney general's office and the EEOC did not immediately respond to requests for comment from Fox News Digital on Friday.

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