WASHINGTON, D.C. – Today, the U.S. Equal Employment Opportunity Commission (EEOC) issued a federal sector decision reversing its position that transgender workers have the right to access bathrooms and other sex-segregated facilities consistent with their gender identity, a move inconsistent with federal law and Supreme Court precedent.

The National Women’s Law Center (NWLC) issued a factsheet, Title VII Protects Transgender Workers’ Access to Restrooms, outlining the legal precedent, why this is crucial for equal employment opportunity, and the impact of this decision.

The following is a statement by Gaylynn Burroughs, vice president for education & workplace justice at NWLC:

“This decision makes a mockery of the EEOC’s mission and further politicizes the agency as a vehicle for the Trump administration to attack transgender people. They want us to believe their false claims that these actions are about “protecting women,” but we know better. Barring transgender people from using bathrooms that align with their gender identity does absolutely nothing to make women safer. Instead, it encourages employers and the public to police access to restrooms, exposing all women to confrontation and harassment if someone believes they don’t look “feminine” enough. 

“Be clear: Today’s decision does not change federal law and Supreme Court precedent that still protect workers from discrimination based on gender identity. We will continue to fight against these senseless attacks and abuse of our resources.”

NWLC’s Legal Network for Gender Equity connects workers facing sex discrimination, including discrimination based on sexual orientation and gender identity, with legal help. To be connected with attorneys who can provide free legal consultations, please complete the intake form here.

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