The U.S. Equal Employment Opportunity Commission (EEOC) has recently announced several changes under the leadership of Acting Chair Andrea Lucas. These actions are part of an effort to refocus the agency’s mission on protecting women from sexual harassment and sex-based discrimination by rolling back certain gender identity policies from the previous administration.
The specific measures implemented by Acting Chair Lucas include:
- Prioritizing the Defense of Biological Sex: Emphasizing compliance, investigations, and litigation that uphold the recognition of biological and binary definitions of sex, including advocating for women’s rights to single-sex spaces in the workplace.
- Removing the Pronoun Feature: Eliminating the agency’s “pronoun app,” a feature in employees’ Microsoft 365 profiles that allowed the display of chosen pronouns alongside employee names across platforms like Outlook and Teams.
- Ending the Use of the “X” Gender Marker: Discontinuing the option to select an “X” gender marker during the intake process for filing a charge of discrimination.
- Modifying Forms to Remove “Mx.” Prefix: Updating the charge of discrimination and related forms to exclude “Mx.” from the list of available prefix options.
- Reviewing the “Know Your Rights” Poster: Initiating a review of the EEOC’s “Know Your Rights” poster, which employers are legally required to display in workplaces, with potential revisions forthcoming.
- Removing Materials Promoting Gender Ideology: Conducting an ongoing review and removal of materials on the EEOC’s website and training programs that promote gender ideology.
It’s important to note that certain documents, such as the EEOC’s Enforcement Guidance on Harassment in the Workplace (issued by a 3-2 vote in 2024), the EEOC Strategic Plan 2022-2026, and the EEOC Strategic Enforcement Plan for Fiscal Years 2024-2028, cannot be unilaterally modified or removed by the Acting Chair without a majority vote from the full Commission.
In her statement, Acting Chair Lucas emphasized, “Sex is binary (male and female) and immutable. It is not harassment to acknowledge these truths—or to use language like pronouns that flow from these realities, even repeatedly.” She also highlighted that “women have … safety interests, that warrant certain single-sex facilities at work and other spaces outside the home. It is neither harassment nor discrimination for a business to draw distinctions between the sexes in providing single-sex bathrooms or other similar facilities which implicate these significant privacy and safety interests.”
These actions represent a significant shift in the EEOC’s approach to issues of sex and gender identity under the current administration. If your business needs guidance on how these EEOC changes impact your workplace policies, Luchansky Law is here to help. Our team stays ahead of evolving employment laws to ensure your company remains compliant and protected. Contact us today to discuss your specific needs and safeguard your workplace. (410) 522-1020 | info@luchanskylaw.com | www
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