Richmond, Va. – The National Women’s Law Center (NWLC) and Democracy Forward, on behalf of their client FreeState Justice, filed an opening brief in the U.S. Court of Appeals for the 4th Circuit in FreeState Justice v. Equal Employment Opportunity Commission, seeking to restore the Commission’s legal obligation to process discrimination charges brought by transgender workers. 

The brief argues that the Equal Employment Opportunity Commission (EEOC) violated federal law by adopting a policy that categorically refuses to investigate or process certain discrimination charges filed by transgender workers. The Trans Exclusion Policy is a clear violation of Title VII, the Administrative Procedure Act, the Constitution, Supreme Court precedent as confirmed in Bostock, and the agency’s mission, the brief argues.  

“In Title VII, Congress instructed the EEOC to process charges of workplace discrimination filed by employees. That mandate has never wavered. But now, for the first time since the agency’s inception, the EEOC asserts that it is free to ignore that congressional command… solely because the charging party belongs to a particular class protected by Title VII,” the organizations wrote in their formal appeal, filed Friday. 

The EEOC’s Trans Exclusion Policy harms FreeState, which serves Maryland’s LGBTQ+ community, and other organizations like it, the groups contend. 

“Policies like the EEOC’s undermine the law and endanger people. They force LGBTQI+ people and other marginalized communities to choose between their job and being true to who they are,” said Lauren Pruitt, Legal Director at FreeState Justice. “These harms show up in the daily lives of the communities we serve through our legal work, who are being pushed further into the margins. We will continue to fight back because no one should have to live in fear of discrimination or retribution just to go to work.” 

“We’re nearly two years into an administration that has actively made it harder for transgender workers to assert their rights,” said Lauren Khouri, senior director of workplace equality at NWLC. “The EEOC should not be able to pick and choose which workers deserve to be protected by federal law. The agency’s refusal to consider discrimination complaints from people the Trump administration disfavors should shock the conscience, and it is part of a larger pattern of undermining civil rights enforcement for everyone. The trans community is resilient, but they deserve better.” 

“The Trump-Vance administration cannot exclude LGBTQ+ people from the protections of federal civil rights law,” said Brian Netter, a Legal Director at Democracy Forward. “And the EEOC also cannot just decide who is deemed worthy of protection based on this administration’s harmful political ideology. Transgender workers are entitled to the same EEOC charge investigations and civil rights protections as anyone else. We are proud to represent FreeState Justice alongside NWLC in this appeal to defend transgender people’s rights under our nation’s civil rights laws and fight this cruel injustice.” 

The original suit challenged the EEOC’s refusal to investigate any charges of harassment, retaliation, or any forms of discrimination other than hiring, firing, or promotion filed by transgender workers. In June 2026, the U.S. District Court for the District of Maryland dismissed the case, finding that while FreeState’s allegations are “deeply troubling,” EEOC maintains discretion over which charges it investigates. NWLC and Democracy Forward filed the notice of appeal in August 2026. 

The legal team at NWLC includes Lauren Khouri, Elizabeth E. Theran, and Gaylynn Burroughs. The legal team at Democracy Forward includes Sarah R. Goetz, J. Sterling Moore, Sunu P. Chandy, Paul R.Q. Wolfson, and Brian D. Netter. 

To speak with an expert about this case, please contact [email protected].  

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