Key facts
- A federal judge dismissed a lawsuit challenging the U.S. Equal Employment Opportunity Commission's (EEOC) pullback on transgender workplace protections.
- Chief Maryland District Judge George L. Russell III ruled the court lacks jurisdiction and the plaintiff, FreeState Justice, lacks standing.
- The lawsuit alleged the EEOC's actions violated Supreme Court precedent, Title VII of the Civil Rights Act, and the Fifth Amendment.
- The EEOC, under Chair Andrea Lucas, had reduced protections for transgender workers following a 2025 executive order declaring two unchangeable sexes.
- Legal advocacy groups are reviewing the decision and considering their options.
A federal judge has dismissed a lawsuit that challenged the U.S. Equal Employment Opportunity Commission's (EEOC) decision to scale back workplace protections for transgender individuals. Chief Maryland District Judge George L. Russell III ruled on Friday that the court lacks jurisdiction over the case and that the plaintiff, FreeState Justice, a Maryland LGBTQ+ advocacy group, does not have standing to sue.
Judge Russell stated that the EEOC's alteration of its investigations into gender identity discrimination claims constitutes a discretionary decision over which the court has no authority to review. The EEOC, under the leadership of Chair Andrea Lucas, had moved to comply with President Donald Trump's January 2025 executive order that defined sex as immutable. The agency has since reduced protections for transgender workers, halted lawsuits on their behalf, and implemented stricter scrutiny for related discrimination complaints.
FreeState Justice, represented by Democracy Forward and the National Women’s Law Center, had sued the EEOC in July 2025, arguing that the agency's "Trans Exclusion Policy" violated Supreme Court precedent, Title VII of the Civil Rights Act of 1964, the Fifth Amendment's Equal Protection clause, and the Administrative Procedure Act.
Liz Theran, senior director of litigation for education and workplace justice at the National Women’s Law Center, indicated that the organization is reviewing the decision and considering its options, emphasizing that transgender people deserve workplaces free from discrimination and that the EEOC should not single out workers it chooses to protect.
The EEOC, in its motion to dismiss, argued that allowing the suit would require the court to micromanage the commission's enforcement process, comparing it to challenging the FBI's or a U.S. Attorney's focus on certain crimes. The decision comes during Pride Month, a time when policies perceived as rolling back transgender rights and diversity recognition are facing scrutiny.