AG Paxton Sues Over Illegal EEOC Regulatory Guidelines Mandating ‘Gender Identity’ Accommodations in the Workplace

Texas border business

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Texas Attorney General Ken Paxton is suing the Equal Employment Opportunity Commission, the U.S. Department of Health and Human Services, U.S. Attorney General Merrick Garland and other Biden administration officials to stop an unlawful attempt to redefine federal law with the agency’s guidance. This lawsuit is Attorney General Paxton’s 75th lawsuit against the Biden administration.

On April 29, the EEOC issued guidance that would redefine the meaning of “sex” in Title VII of the Civil Rights Act of 1964, requiring employers to provide accommodations regarding bathroom use, dress codes, and the use of pronouns in the workplace because of on “gender identity”. ” and not biological sex. However, doing so directly disregards a prior Texas ruling halting substantially similar guidance issued by the EEOC in 2022. Under that ruling, the agency had no authority to order a reinterpretation of the law, and the court struck down the guidance in its entirety. The court also issued a binding declaratory judgment between Texas and the EEOC, which held that Title VII does not require an employer to adjust bathroom facilities, dress codes, and pronouns based on “gender identity” rather than biological sex – something the Biden administration has failed to do even to appeal. The Biden administration’s renewed attempt to amend Title VII through agency action violates the previous ruling and is clearly unlawful.

Attorney General Paxton asked the court to enforce his declaratory judgment, vacating the illegal April 29 guidance and issuing an injunction preventing the Biden administration from issuing further guidance and other resources “contrary to the law.”

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“Once again, the Biden administration is attempting to bypass the democratic process by issuing sweeping mandates from bureaucrats that will fundamentally change American law,” said Attorney General Paxton. “Texas will not stand by while Biden ignores court orders prohibiting such actions, and we will hold the federal government accountable every step of the way.”

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