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Trump administration moves to strip transgender people of employment discrimination protections

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Thoughtful business person looking away from their laptop in the office.

According to the U.S. Supreme Court, discriminating against transgender people at work is illegal. The Trump administration is testing the ruling.

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In a sweeping and deliberate attack on transgender rights, the Trump administration has moved to gut workplace protections for transgender and nonbinary Americans, effectively endorsing discrimination under the guise of enforcing “biological truth.” The Equal Employment Opportunity Commission, the agency charged with protecting workers from discrimination, has begun withdrawing legal support from multiple cases filed on behalf of transgender employees.

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The move follows President Donald Trump’s January 20 executive order, which declares that the federal government will recognize only two sexes—male and female—determined at birth. Citing this order, the EEOC has abandoned at least six active lawsuits, including allegations of harassment and wrongful termination at major employers such as Wendy’s, Lush Cosmetics, and a Hilton-affiliated hotel in Alabama, CBS News reports. These lawsuits, filed just last year, detail allegations of severe mistreatment, including transgender workers being subjected to slurs, being called “it” by supervisors, and being fired simply for existing as their authentic selves.

Related: Trump’s anti-transgender executive orders force CDC to remove HIV resources

One such case involves Harmony Hospitality LLC, which operates a Home2 Suites by Hilton in Alabama. According to court filings, a nonbinary gay person working at the hotel was called into a meeting where their appearance was scrutinized for being too gender-nonconforming. A company co-owner allegedly said the employee needed to be “hidden.” Just hours later, the worker was fired via text message. The EEOC had initially filed suit against the company for violating Title VII of the Civil Rights Act, which prohibits sex-based discrimination, including discrimination based on gender identity. But now, under its new leadership, the agency has moved to dismiss the case, asserting that continuing the lawsuit “may be inconsistent” with Trump’s order.

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The administration’s assault on transgender rights flies in the face of the U.S. Supreme Court’s 2020 decision in Bostock v. Clayton County, which held that firing an employee for being transgender is a violation of federal law. By withdrawing legal support for transgender plaintiffs and eliminating protections across agencies, the Trump administration is testing the limits of that ruling and inviting a new round of legal challenges.

Related: Trump signs executive order targeting transgender students, their teachers, and their schools

The EEOC’s abandonment of these cases is just the latest step in a coordinated effort to erase transgender people from federal recognition. The agency has also ceased investigating new complaints of gender identity discrimination. Its website, which previously contained information on how transgender workers could file discrimination complaints, now redirects to an empty page.

Similar actions are playing out across the federal government. The Department of Education has begun rescinding policies that allow transgender students to use facilities matching their gender identity. The National Park Service has removed references to transgender history from the Stonewall National Monument’s website, stripping away any acknowledgment of the transgender activists who helped ignite the modern LGBTQ+ rights movement.

Related: Donald Trump signs new executive order affecting transgender military members

On February 5, Trump signed another executive order barring transgender girls and women from participating in female sports categories—a move designed to isolate and stigmatize trans youth. That order has already triggered lawsuits, including one from two transgender teens in New Hampshire who argue that the ban violates their constitutional rights, Reuters reports.

Legal experts and civil rights advocates have condemned the administration’s actions, warning that they amount to an open endorsement of discrimination.

While Trump’s allies claim that the government is simply restoring “biological reality,” LGBTQ+ advocates see it for what it is: a systematic effort to strip transgender people of their fundamental rights and dignity.

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