MSNBy CLAIRE SAVAGEAugust 5, 2025The federal agency responsible for enforcing laws against workplace discrimination will allow some complaints filed by transgender workers to move forward, shifting course from earlier guidance that indefinitely stalled all such cases, according to an email obtained by The Associated Press.The email was sent earlier this month to leaders of the U.S. Equal Employment Opportunity Commission with the subject line “Hot Topics,” in which Thomas Colclough, director of the agency’s Office of Field Programs, announced that if new transgender worker complaints involve “hiring, discharge or promotion, you are clear to continue processing these charges.”But even those cases will still be subject to higher scrutiny than other types of workplace discrimination cases, requiring approval from President Donald Trump's appointed acting agency head Andrea Lucas, who has said that one of her priorities would be “defending the biological and binary reality of sex and related rights.”[...]Under Lucas's leadership, the EEOC has dropped several lawsuits on behalf of transgender workers. Lucas defended that decision during her June 18 Senate committee confirmation hearing in order to comply with the president’s executive order declaring two unchangeable sexes.
However the courts do not see it that way! The Price Waterhouse v. Hopkins decision in 1989 said otherwise. So did the 2020 Supreme Court case Bostock v. Clayton County but courts and laws mean nothing to the Republicans if it doesn't fit their political ideology.
Colclough acknowledged in his July 1 email that the EEOC will consider transgender discrimination complaints that “fall squarely under” the Supreme Court’s ruling, such as cases involving hiring, firing and promotion. The email backtracked on an earlier policy, communicated verbally, that de-prioritized all transgender cases.
But it is the Republicans who determine what “fall squarely under” the Supreme Court’s ruling!
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