Scott, Takano, & Bonamici, Lead Letter Demanding EEOC Chair Address Gender Identity Discrimination
WASHINGTON – In advance of the anniversary of the Supreme Court’s decision in Bostock v. Clayton Countywhere the Court held that Title VII of the Civil Rights Act prohibits employment discrimination on the basis of gender identity, Ranking Member Robert C. “Bobby” Scott (VA-03), Committee on Education and Workforce, Congressional Equality Caucus (CEC) Chair Rep. Mark Takano (CA-39), and CEC Vice Chair Rep. Suzanne Bonamici (OR-01), led 70 members in sending a letter urging Andrea Lucas, Acting Chair of the Equal Employment Opportunity Commission (EEOC), to uphold her obligations under federal law and address discrimination against transgender and nonbinary workers.
“We are writing to strongly oppose the recent actions you have taken as Acting Chair of the U.S. Equal Employment Opportunity Commission (EEOC or Commission) that fail to fulfill enforcement of Title VII of the Civil Rights Act of 1964’s (Title VII) relating to gender identity discrimination,” wrote the Members.
“Shortly after you were appointed Acting Chair in January, it was reported that you instructed Commission employees to stop processing claims alleging gender identity-based discrimination. In April, it was reported that the Commission instructed employees to classify all new gender identity-based discrimination complaints as its lowest priority—a categorization reserved for meritless charges—which essentially puts the processing of such complaints in an indefinite hold,” the Members continued. “Under your leadership, the Commission also filed motions to dismiss with prejudice half a dozen cases the Commission had originally brought against employers accused of gender identity discrimination.”
“We urge you to uphold your obligations as both Acting Chair and a Commissioner of the Equal Employment Opportunity Commission to address discrimination against transgender and nonbinary workers,” the Members concluded. “This includes 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 FEPAs’ 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 their legal protections. We also urge you to properly enforce Bostock and EEOC precedents under Title VII, which includes filing cases, when warranted under the law, to protect the rights of transgender and nonbinary workers who have been discriminated against. Lastly, we urge that the Commission maintain the Enforcement Guidance on Harassment in the Workplace (as issued on April 29, 2024).”
To read the full letter, click here.
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