Legal ruling may signal trouble for Biden’s Title IX plan, LGBTQ guidance

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10/07/2022

Some legal experts say a new federal court ruling striking down pro-LGBTQ employment policies from the Biden administration may spell trouble for similar guidance from the U.S. Department of Education and its mammoth regulatory proposal on Title IX. A federal judge in Texas delivered that big legal blow to the administration Oct. 1. District Court Judge Matthew Kacsmaryk threw out guidance documents from the U.S. Equal Employment Opportunity Commission stating that employers should allow transgender workers to access restrooms and facilities aligned with their gender identity. Attacks on one’s gender expression or use of pronouns could also constitute discrimination, the guidance said. To support these policies, the administration drew on a landmark U.S. Supreme Court decision from 2020, Bostock v. Clayton County, which extended protections in federal employment law to LGBTQ workers.

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