On Monday, 18 states filed a lawsuit against the Biden administration, accusing it of illegally enforcing pro-trans rules against businesses and their employees.
The attorneys general of 18 states, mainly Tennessee, lawsuit It argued against the Equal Employment Opportunity Commission (EEOC) and the Department of Justice, arguing that the government was attempting to “enact comprehensive gender identity mandates without the consent of Congress.”
The complaint laments the EEOC’s “enforcement document” which declares that Title VII of the Civil Rights Act “requires all covered employers and employees to use the preferred pronouns of others.” There is. Allow transgender individuals to use showers, locker rooms, or restrooms that correspond with their gender identity. And refrain from requiring employees to adhere to a dress code appropriate to their biological sex. ”
In addition to Tennessee, the other plaintiffs in the lawsuit are Alabama, Alaska, Arkansas, Georgia, Indiana, Iowa, Kansas, Kentucky, Mississippi, Missouri, Nebraska, Ohio, and South Carolina. The states are South Dakota, Utah, Virginia, and West Virginia.
“In the United States, the Constitution gives the power to make laws to representatives elected by the people, not to unaccountable commissioners, and this EEOC guidance is an attack on the constitutional separation of powers.” State Attorney General Jonathan Scumetti said. Said.
“When federal agencies engage in government of the people rather than government of the people, as they do here, it undermines the legitimacy of our laws and alienates Americans from our legal system,” Scumetti continued. Ta.
Tennessee’s attorney general continued, “This overreach of a constitutional system abuses federal power to exclude women’s private space and penalize the use of biologically accurate pronouns, all in a Tennessee state law. It has come at the expense of many employers,” he added.
The EEOC has issued new harassment-related guidelines that extend Title VII’s protections against sex-based discrimination to include gender identity.
Under the federal agency’s new rules, employers could be held liable if they, other employees or even customers use a name or pronouns that a transgender individual doesn’t consent to.
Under the EEOC’s new guidance, employers can also be held liable if they restrict access to restrooms and other single-sex facilities for individuals who claim to be of the opposite biological sex.
Notably, the agency’s guidelines cite a 2020 Supreme Court ruling. Bostock v. Clayton County.
But 18 states argue that the Supreme Court did not intend to force employers to follow rules regarding workers’ gender identity or sexual orientation.
“EEOC relies heavily on Supreme Court decisions. Bostock v. Clayton County, 590 US 644 (2020), provides a broad scope of employer conduct. However, Bostock was a close decision,” the complaint states.
“The court has held that firing an employee “simply because he or she is gay or transgender” constitutes discrimination “because of…” “Sex” under Title VII.” bostock” the suit added. “The court specifically refused to ‘prejudge’ issues such as ‘restrooms, locker rooms, and dress codes’ based on the anti-discrimination provisions of Title VII.”
The lawsuit states that “Title VII also bostock, no other federal case law authorizes the EEOC to impose gender identity accommodation obligations, which ignores scrutiny of key issues and raises constitutional concerns. ”
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