As a second Trump administration approaches, we’re running out of time to confirm as many federal judges as possible to provide a check on his presidential power and curb his stated policy priorities.
There are 42 federal judicial vacancies and 13 nominations before the Senate right now—as our civil rights hang in the balance, take action now!
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 this case, a group of 18 states led by Tennessee sued the EEOC, seeking 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 EEOC’s Enforcement Guidance explains and analyzes the federal legal standards for workplace harassment claims. It serves as an important resource for workers, employers, and enforcement staff.
Our brief emphasizes that the Enforcement Guidance—and specifically its recognition that harassment based on gender identity is unlawful under Title VII—is critically important to protect transgender and nonbinary workers in light of the widespread and unlawful harassment they experience in the workplace. This harassment has a significant negative impact on the mental, physical, and financial wellbeing of transgender and nonbinary workers. Blocking the EEOC’s Enforcement Guidance would create confusion for workers and employers and undermine protections for transgender and nonbinary workers that are critically needed and required by law.
