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Judge tosses lawsuit challenging civil rights agency’s pullback on transgender workplace protections
The judge said the advocacy group lacked standing and called the EEOC’s changes to gender-identity investigations discretionary and unreviewable.
On Friday, Chief Maryland District Judge George Russell III dismissed a lawsuit from FreeState Justice claiming the Equal Employment Opportunity Commission abdicated its duty to enforce federal workplace protections for transgender workers.
Under Chair Andrea Lucas, the Equal Employment Opportunity Commission implemented President Donald Trump's 2025 executive order directing the government to promote the "biological reality of sex," scaling back enforcement on behalf of transgender plaintiffs.
Russell dismissed the case without prejudice, writing that the EEOC's decision to alter investigations of gender identity discrimination claims was "deeply troubling" but nonetheless unreviewable under discretionary agency authority cited in the case Cross.
Liz Theran, senior director of litigation at the National Women's Law Center, said the organization is "considering our options" while continuing to fight for federal civil rights protections for all workers.
The ruling arrives during Pride Month as Trump continues pushing policies to roll back transgender rights, including scrapping Biden-era harassment guidance and permitting agencies to restrict access to sex-segregated facilities.