Judge Matthew Kacsmaryk continues to challenge progressive legal precedents, now attempting to operationalize Trump's anti-trans executive orders. In his ruling related to the Texas lawsuit, he avoided directly overturning Bostock v. Clayton County, which protects against discrimination based on gender identity. He highlighted that while the EEOC's Guidance recognizes its basis in Bostock, it argues that employers must be held accountable for workplace harassment linked to gender identity based on the need for consistent interpretation of Title VII without direct Supreme Court endorsements. This decision risks undermining legal protections for transgender individuals in the workplace.
"The Guidance states that it does not attempt to impose new legal obligations on employers with respect to any aspect of workplace harassment law, including gender identity discrimination..."
"The EEOC must sometimes take a position on whether an alleged type of conduct violates Title VII even in the absence of binding Supreme Court precedent."
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