Claire Savage, Associated Press
According to an email obtained by the Associated Press, the federal agency responsible for enforcing the law against workplace discrimination will allow some complaints filed by transgender workers to move forward, shifting the course from previous guidance that stalled all such cases indefinitely.
The email was sent earlier this month to the leader of the U.S. Employment Opportunity Committee, with the subject line “Hot Topics.” This is what Thomas Colclough, director of the agency’s Office of Field Programs, announced that new transgender workers’ complaints will be made clear that these fees will continue to be processed if they involve employment, discharge or promotion.
But even these cases are subject to higher scrutiny than other types of workplace discrimination cases, and require approval from Andreal Rucas, president of President Donald Trump. He states that one of her priorities is “to defend the biological and binary reality of rights associated with sex.”
Since Trump took office in January, the EEOC has escaped from previous interpretations of civil rights law. This is in stark contrast to when a transgender civilian employee in the US military issued a landmark recognition that transgender civilian employees in the US military were discriminated against because they refused to use the pronouns of her preference, or because they allowed the use of bathrooms based on their gender identity.
Under Lucas’s leadership, the EEOC dropped several cases on behalf of transgender workers. Lucas defended the decision in order to comply with the president’s executive order declared two immutable genders at a confirmation hearing of the Senate Committee on June 18.
But she was Bostockv, the 2020 Supreme Court decision. ClaytonCounty admitted that “discriminating against someone based on gender clearly retained the termination of individuals based on transgender or sexual orientation.”
Colclough confirmed in a July 1 email that the EEOC would consider a complaint of transgender discrimination that would “downrightly” the Supreme Court’s decision, including cases involving employment, shooting and promotion. The email was backtracked to an earlier oral-explained policy that obsolete all transgender cases.
EEOC declined to comment on the details of its latest policy: “Under federal law, any claim enquiries and charges against the EEOC are confidential. As per Title VII, EEOC will continue to accept and investigate all charges of bases protected by the law, as legally necessary.
However, even if the EEOC is willing to consider under Bostock, it must be reviewed by a senior lawyer advisor and sent to Lucas for final approval.
This enhanced review process is not typical of other discrimination charges and reflects an increase in agency oversight of gender identity cases, EEOC committee member Chai Feldblum told the Associated Press in a telephone interview Monday.
“It’s a small improvement because certain claims of discrimination can progress,” Feldbram said of the new policy. “But overall, we won’t fix the horrifyingly legally inappropriate situations currently occurring in EEOC.”
Colclough’s email did not clarify how long the review process would take or whether cases that include additional claims such as harassment or retaliation are eligible to continue.
“This isn’t about EEOC making public its own staff or what kind of bills will be processed,” Feldblum said. “This is not a panacea.”
Women in the Associated Press workforce and state government compensation receive financial support from pivotal ventures. AP is solely responsible for all content. Find AP standards for working with Ap.org supporters and charities, a funded coverage area.
Original issue: July 15th, 2025, 5:11pm EDT
