Press Release: “Removing Gender Ideology and Restoring the EEOC’s Role of Protecting Women in the Workplace"

On January 28, 2025, Acting Chair Andrea Lucas of the U.S. Equal Employment Opportunity Commission (EEOC) announced a major policy shift by removing prior gender ideology policies, with the stated intent to strengthen protections for women in the workplace. That decision aligned with President Trump’s Executive Order 14168, which instructed federal agencies to recognize only biologically distinct sexes and roll back gender identity initiatives.

‍

The EEOC has already taken concrete steps to comply with the new approach: removing “X” gender markers and “Mx.” prefixes on intake forms, deleting pronoun options from employee profiles, revising mandatory workplace posters, and updating internal materials to reflect this new approach. Public-facing documents now include banners noting that updates are underway.

‍

While Lucas lacked authority to rescind certain existing EEOC policies—such as guidance treating misgendering or restricting bathroom access as harassment—she formally dissented from them, emphasizing that protecting privacy and recognizing biological sex is not harassment. She argued that the new measures were necessary to uphold women’s safety and dignity in the workplace.

‍

Overall, the EEOC’s recent actions mark a return to prioritizing biological sex-based protections. At Horizon Employment Law, our workplace investigations often involve employee claims related to gender identity and sex-based discrimination and harassment. We are mindful of this ever-changing legal landscape, and encourage employers and employees to be as well.