Federal employees in Washington, D.C., are fighting back against President Donald Trump’s executive order denying the existence of transgender, nonbinary and intersex people in government, warning it may be illegal to comply with it.
Last month, Trump signed an executive order ordering the government to “recognize two sexes, male and female,” claiming these sexes are “not changeable and are grounded in fundamental and incontrovertible reality.”
Now, attorneys and other staff with the Equal Employment Opportunity Commission — the agency that enforces anti-discrimination laws in the workplace — say it’s against the law for them to enforce the order, The Wall Street Journal reports.
Last week, Trump fired leadership at the commission. Now, acting chair Andrea Lucas has ordered that any claims at federal agencies relating to Trump’s “two sexes” order should be directed to the commission’s headquarters, rather than dealt with at the commission’s field offices, the Journal reports.
In response, several attorneys and staff at the commission warned Lucas it would be illegal to comply with Trump’s executive order, according to the Journal.
That’s because the agency must enforce Title VII of the 1964 Civil Rights Act, a law that prohibits sex discrimination in the workplace. This definition was expanded in 2020 by the Supreme Court to include sexual orientation and gender identity.
“The tactics you are employing and the actions you have taken in lockstep with this new administration are illegal and unconstitutional,” an email from a commission administrative judge to Lucas sent Monday reads, according to the Journal.
Lucas has shown her support for Trump’s order by announcing that she would remove identity pronouns from employees' online profiles and remove the “X” gender marker on documents used by employees filing discrimination charges.
While Lucas may guide the commission’s priorities, the agency is still required to review all charges and give workers a “notice of right to sue,” which allows workers to sue their employers on their own, the Journal reports.
Karla Gilbride, an attorney who served as the commission’s general counsel until Trump fired her, told the Journal the commission would be violating its statutory obligations if it doesn’t process charges surrounding sexual orientation or gender identity.
A commission spokesperson told the Journal Lucas has “acted promptly to comply with applicable executive orders to the fullest extent possible under her existing authority.”
“All charges of discrimination are accepted by the [the commission],” the spokesperson added.
Trump’s executive order declaring the government will only “recognize two sexes” comes amid a barrage of other attacks on trans, nonbinary and intersex people.
The president also directed federal agencies to rescind policies that support or acknowledge gender-affirming healthcare for transgender Americans, while the Department of Defense issued a policy that could see the removal of thousands of trans service members.
The State Department has even moved to end issuing new passports with the “X” gender marker.
