There has been an internal disagreement within the federal agency responsible for protecting American workers in response to an order issued by the Trump administration concerning gender. According to BuzzFeed News, the Equal Employment Opportunity Commission (EEOC) is embroiled in a controversy over the new policy directive that seeks to restrict the definition of gender under federal civil rights law to biological sex.
Two agency staffers, who requested anonymity citing fears of retaliation, disclosed the frustration among the EEOC employees. They expressed that the directive contradicts their mission of ensuring non-discrimination in the workplace. One staff member said, “What they are trying to do is diametrically opposed to the statute that we’re supposed to be enforcing.”
The directive stems from a memo circulated by the Department of Health and Human Services (HHS), proposing that the Departments of Education, Justice, and Labor adopt a uniform definition of gender “on a biological basis that is clear, grounded in science, objectively measurable,” a move that could undermine protections for the approximately 1.4 million Americans who identify as transgender. Since its inception in 1964, the EEOC has recognized and enforced protections against discrimination based on gender identity under Title VII of the Civil Rights Act.
However, the administration, via the Department of Justice, on October 24, urged the Supreme Court to rule that federal civil rights law does not provide protections to transgender workers, a stance that some at the EEOC reportedly find unacceptable. “The EEOC had a position and today that position is different,” said a senior staffer. “And that is causing a lot of worry, a lot of desolation.”
The potential agency clash arises as a critical test of federal nondiscrimination policy is headed for the Supreme Court. BuzzFeed News reports that in three cases that the high court will take up this term, the question of whether Title VII of the Civil Rights Act bans employment discrimination based on sexual orientation and gender identity is expected to be front and center.
Noticeably, the EEOC as an independent agency is supposed to be free from White House oversight. However, the Trump administration’s directive has, in practice, presented a challenge to the agency’s operational independence. As the battle over interpretation of federal law further unfolds, the role of the EEOC and its commitment to safeguarding worker rights will be brought sharply into focus.
Last modified: February 7, 2025
