Liz Theran, senior director of litigation for education and workplace justice at the National Women’s Law Center, which represents FreeState, told Law360 her team is considering its options following the decision.

“The EEOC exists because people who faced workplace discrimination often had nowhere else to turn,” Theran said. “This agency is charged with enforcing civil rights laws and cannot single out workers it wants to protect. No one should lose access to federal protections because of who they are.”