AUSTIN, Texas (ValleyCentral) — Texas Attorney General Ken Paxton filed a lawsuit against the Biden administration regarding the June 15 Guidance from the Equal Employment Opportunity Commission (EEOC).
The June 15 Guidance comes after the U.S. Supreme Court case Bostock v. Clayton County, in which the court prohibited employers to discriminate against an individual based on sexual orientation or transgender status, according to EEOC.
Paxton said in a statement that the guidance is “unlawful” and it “increases the scope of liability for all employers.”
“Under our system, States have the sovereign right to enact their own policies regarding things such as bathroom usage, and this is an extreme federal overreach by the federal government,” Paxton stated.
The complaint highlights three specific guidances, which are posted on the EEOC website:
–Employers cannot prohibit a transgender person from dressing or presenting as their gender identity.
— An employer has the right to have men’s and women’s bathrooms separated or have a unisex bathroom. However, all men and women, including transgender men and women, should be allowed to use the facility of the gender they identify with.
— Accidental misuse of preferred names and pronouns does not count as unlawful harassment. However, a person repeatedly and intentionally using the wrong name and pronouns are considered unlawful harassment and can contribute to a hostile work environment.
Paxton’s lawsuit states that EEOC Chairman Charlotte A. Burrows did not have the authority to issue the guidance.
The attorney general argues that the guidance allowed for “sex-specific bathrooms,” but does then “tr[ies]
to work around [those concessions] with a linguistic device” by conflating “sex” with “gender identity.”
If the Biden Administration thinks they can force states to comply with their political agenda, my office will fight against their radical attempt at social change.AG Ken Paxton via a statement.