Texas sued the Biden administration Monday over its directive that employers let transgender people use bathrooms and locker rooms according to their gender identification rather than their biological sex.
The state claims the Equal Employment Opportunity Commission’s June directive runs afoul of a state’s ability to enact its own policies and also opens employers up for liability.
“States should be able to choose protection of privacy for their employers over subjective views of gender, and this illegal guidance puts many women and children at risk,” Texas Attorney General Ken Paxton said.
“If the Biden Administration thinks they can force states to comply with their political agenda, my office will fight against their radical attempt at social change. These backdoor attempts to force businesses, including the State of Texas, to align with their beliefs is unacceptable,” he said.
The 19-page lawsuit filed in federal court in Texas argues the Biden administration did not follow the proper rulemaking procedures when issuing its guidance, violating the Administrative Procedures Act.
On June 15, the EEOC said employers can’t require transgender employees to dress in accordance with their sex; must allow transgender employees to use the bathroom facilities of their gender preference; and cannot use pronouns inconsistent with the transgender employees’ preference.
The guidance came after the Supreme Court issued its landmark ruling in 2020 in the case of Bostock v Clayton County, which held an employer couldn’t terminate an employee for being gay or transgender. Doing so, according to the court, would constitute sex-based discrimination, in violation of the Civil Rights Act of 1964.
A spokesperson from the Justice Department declined to comment on the litigation.