EEOC Backs Sex-Based Bathroom Restrictions for Federal Workers

The U.S. Equal Employment Opportunity Commission (EEOC) ruled that federal agencies may restrict employees to using bathrooms that align with their biological sex rather than their gender identity, reversing previous policies.

The 2-1 decision, issued Feb. 26, held that “Title VII [of the Civil Rights Act of 1964] permits a federal agency employer to maintain single-sex bathrooms and similar intimate spaces,” and that Title VII “permits a federal agency employer to exclude employees, including trans-identifying employees, from opposite-sex facilities.”

The EEOC ruling arose from a complaint from a civilian IT specialist who worked for the U.S. Army. The transgender worker’s request to use bathrooms and locker rooms aligned with her gender identity was declined by the Army. She filed a complaint, which was dismissed, followed by an appeal to the EEOC, which decided against her, citing President Donald Trump’s Executive Order 14168 stating that the federal government would only recognize two sexes, male and female.

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The decision overturns a key portion of a 2015 EEOC ruling that held it was unlawful sex discrimination under Title VII to prohibit a transgender employee from using restrooms consistent with their gender identity.

The ruling applies only to federal agencies subject to the EEOC’s administrative complaint process. It does not extend to private employers and does not bind federal courts, which remain governed by the U.S. Supreme Court’s 2020 decision in Bostock v. Clayton County, holding that Title VII protects gay and transgender workers from discrimination because of sex.

President Trump’s January 2025 executive order declared it the policy of the United States to recognize only binary sexes, male and female, and directed federal agencies to remove all references to “gender ideology” from policies and guidance.

“Today’s opinion is consistent with the plain meaning of ‘sex’ as understood by Congress at the time Title VII was enacted, as well as longstanding civil rights principles that similarly situated employees must be treated equally,” said EEOC Chair Andrea Lucas.

She explained that when adjudicating appeals of alleged employment discrimination in the federal sector, the EEOC applies longstanding precedent, including relevant Supreme Court decisions, to the facts of the case.

But because federal courts have not explicitly determined whether Title VII requires employers to permit transgender employees to access bathrooms and other intimate spaces otherwise reserved for the opposite sex, Lucas explained, the EEOC “applied the traditional tools of statutory construction” to make a decision.

The agency concluded that Bostock established that employers cannot fire or refuse to hire transgender employees based on their gender identity but made no mention of bathroom or locker room use.

Since last year, the EEOC has retreated from transgender bias enforcement, dropped multiple discrimination lawsuits brought on behalf of transgender employees, and limited the processing of charges filed by those workers. The agency also recently rescinded harassment guidance which stated that misgendering workers and restricting bathroom use can be discriminatory.

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The commission’s sole Democratic member, Kalpana Kotagal, dissented, calling the decision legally suspect.

“I fear that the majority’s decision fails to grapple with the consequences that flow from it,” she said. “Federal agencies will risk being found liable in court for denying workers access to restrooms consistent with their gender identity and for exposing them to harassment. Transgender workers will be vulnerable to serious harm.”

Civil rights advocacy groups, including the Human Rights Campaign and the National Women’s Law Center, said the EEOC’s decision leaves transgender workers vulnerable to hostile work environments.