The National Employment Lawyers Association (NELA) is deeply concerned about recent developments that cast doubt on the Equal Employment Opportunity Commission’s (EEOC) ability to fulfill its mission to prevent and remedy unlawful employment discrimination. Any weakening of the EEOC’s enforcement of sex discrimination based on sexual orientation or gender identity undermines progress made towards a just workplace rooted in the principles of diversity, equity, inclusion, and accessibility, and leaves one of our nation’s most vulnerable populations at even greater risk of marginalization.
The recent changes by the EEOC, which include halting the processing of claims that allege discrimination based on sexual orientation or gender identity, rolling back guidance on gender identity discrimination, and removing gender identity related resources, disregard the Supreme Court’s 2020 landmark decision in Bostock v. Clayton County. This ruling explicitly recognized that Title VII protections include sexual orientation and gender identity, thereby codifying workplace protections for LGBTQIA+ individuals. The EEOC under Acting Chair Andrea Lucas is contradicting its own past rulings and the law.
NELA stands in unwavering support of LGBTQIA+ workers and will continue to empower workers’ rights advocates in their fight to protect the rights of these workers, and all workers who seek justice.
In addition, the recent firing of EEOC Commissioners Charlotte A. Burrows, Jocelyn Samuels, and General Counsel Karla A. Gilbride is unprecedented and undermines the integrity and independence of the EEOC. NELA stands in solidarity with Commissioners Burrows and Samuels, and General Counsel Gilbride.
NELA calls upon the EEOC to reaffirm its dedication to protecting the rights of all workers and to following the law. It is imperative that the Commission uphold its responsibility to vigorous enforcement of anti-discrimination laws and safeguard the dignity and respect workers deserve.