Judge slaps down Biden-era guidance on sex-based employment discrimination

Published May 16, 2025 3:28pm EDT | Updated May 16, 2025 4:10pm EDT

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A Trump-appointed federal judge slapped down portions of Biden-era Equal Employment Opportunity Commission guidance that claims Title VII protections against sex-based employment discrimination include the concepts of sexual orientation and gender identity.

The ruling, signed by Judge Matthew J. Kacsmaryk of the U.S. District Court for the Northwestern District of Texas, declares that language in the guidance that defines "sex" in Title VII as encompassing sexual orientation and gender identity is "contrary to law."

The ruling declares the same regarding "all language defining ‘sexual orientation' and ‘gender identity’ as a protected class."

"Sex-based discrimination under Title VII includes employment discrimination based on sexual orientation or gender identity," part of the EEOC's Enforcement Guidance on Harassment in the Workplace reads. "Accordingly, sex-based harassment includes harassment based on sexual orientation or gender identity, including how that identity is expressed."

Left: President Joe Biden at the presidential inauguration in the rotunda of the U.S. Capitol in Washington, D.C., on Monday, Jan. 20, 2025; Right: A Pride flag is displayed during a Pride celebration on the South Lawn of the White House in Washington, D.C., on June 10, 2023. (Left: Saul Loeb/AFP/Bloomberg via Getty Images; Right: Brendan Smialowski/AFP via Getty Images)

The guidance notes that, "The contents of this document do not have the force and effect of law, are not meant to bind the public in any way, and do not obviate the need for the EEOC and its staff to consider the facts of each case and applicable legal principles when exercising their enforcement discretion."

The ruling comes in a legal challenge lodged by the Heritage Foundation — a conservative D.C. think tank — and the state of Texas.

"The Biden EEOC tried to compel businesses – and the American people – to deny basic biological truth," Dr. Kevin Roberts, president of the Heritage Foundation and Heritage Action for America, said in a