Federal Court Dismisses Lawsuit Against EEOC Over Transgender Worker Protections
A federal court has dismissed a legal challenge that accused the U.S. Equal Employment Opportunity Commission (EEOC) of failing to enforce protections for transgender employees. The decision was made by Chief Maryland District Judge George L. Russell III, who determined that the court does not have jurisdiction over the case. The lawsuit was brought forward by FreeState Justice, an LGBTQ+ advocacy group based in Maryland, which was found to lack the standing necessary to proceed with the case.
Judge Russell, an appointee of former President Barack Obama, stated in his memorandum opinion that the EEOC’s decision to modify its approach to gender identity discrimination investigations is a discretionary matter not subject to judicial review. “While deeply troubling, the Court agrees with Defendants that the EEOC’s decision to alter its investigations of gender identity discrimination claims constitutes a discretionary decision over which the Court lacks authority to review,” Russell noted in his opinion.
Under the leadership of Republican Chair Andrea Lucas, the EEOC has been implementing President Donald Trump’s executive order from January 2025, which asserts the existence of “two unchangeable sexes.” This has led to reduced protections for transgender workers, including the dismissal of related lawsuits and increased scrutiny of new gender identity discrimination complaints.
The lawsuit, filed in July 2025 by FreeState Justice with the support of Democracy Forward and the National Women’s Law Center, argued that the EEOC’s policy, labeled as “Trans Exclusion,” violated several legal standards, including Title VII of the Civil Rights Act of 1964, the Fifth Amendment’s Equal Protection guarantee, and the Administrative Procedure Act.
Liz Theran, senior director of litigation for education and workplace justice at the National Women’s Law Center, stated that the organization is evaluating the court’s decision and exploring further actions. “Regardless of the outcome of this case, transgender people deserve workplaces free from discrimination, and we will continue fighting to ensure that federal civil rights protections apply to everyone they were designed to protect,” she affirmed.
Theran emphasized that the EEOC’s mandate is to enforce civil rights laws without discrimination. “The EEOC exists because people who faced workplace discrimination often had nowhere else to turn. This agency is charged with enforcing civil rights laws and cannot single out workers it wants to protect. No one should lose access to federal protections because of who they are,” she added.
The EEOC provided no comments regarding the lawsuit and directed inquiries to the Department of Justice, which has yet to respond.
According to court documents dated October 15, the EEOC argued that allowing FreeState Justice’s lawsuit would inappropriately involve the court in the agency’s enforcement decisions. “In the same way that a citizen cannot challenge the decision of the FBI or a U.S. Attorney to focus on certain kinds of crimes over others, FreeState cannot challenge the EEOC’s discretionary decisions about how to enforce federal antidiscrimination law,” the EEOC stated in its motion to dismiss.
The decision coincides with ongoing global Pride Month events, some marked by resistance against the Trump administration’s initiatives to limit transgender rights and decrease support for diversity, equity, and inclusion.
