The Equal Employment Opportunity Commission has moved quickly to make changes in response to Executive Order 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, which President Trump issued on January 20.
The EEOC announced January 28 that it had:
- Removed the option to use “X” as a gender marker and “Mx.” as a prefix on the forms used to file a discrimination charge;
- Removed several guidance documents from its website, including a webpage on sexual orientation and gender identity discrimination and technical assistance guidance related to bathroom access and gender identity.
Three key documents referencing gender identity remain on the Commission’s website. These are:
- Enforcement Guidance on Harassment in the Workplace;
- The EEOC’s Strategic Plan for FY 2022-2026; and
- The EEOC’s Strategic Enforcement Plan for FY 2024-2028.
The EEOC adopted these documents by a majority vote of the Commission and cannot rescind or revise them without another majority vote. However, the Commission cannot do that because, with only two Commissioner slots filled, it lacks a quorum.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.