NWLC Files Amicus Brief Supporting EEOC’s Effort to Protect Transgender and Nonbinary Workers

(Washington, D.C.) On July 5, 2024, NWLC, the ACLU of Tennessee, and five other organizations dedicated to workers’ rights and gender justice, in partnership with the law firm Weil, Gotshal & Manges LLP, filed an amicus brief defending the Equal Employment Opportunity Commission’s (EEOC) Enforcement Guidance on Harassment in the Workplace (Enforcement Guidance).

In May 2024, a group of 18 states led by Tennessee sued the EEOC. The states seek to block the Enforcement Guidance because of its recognition that Title VII’s prohibition against sex discrimination includes discrimination on the basis of gender identity.

The following is a statement by Gaylynn Burroughs, Vice President for Education and Workplace Justice at the National Women’s Law Center:

“Every person deserves a workplace that’s free from harassment. The EEOC’s enforcement guidance is an essential tool to help make this right a reality for all workers. Yet, the plaintiffs in this case seek to undermine anti-harassment protections for the workers who need them the most. Transgender and nonbinary workers are at heightened risk of violence and discrimination at work—and they experience staggering rates of workplace harassment. The EEOC’s guidance explains that this harassment violates federal law, as the Supreme Court has already held. In the current climate of increased hostility and violence against the transgender community, blocking the EEOC’s guidance will only fuel this animus and hinder efforts to enforce our anti-discrimination laws.”