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Diving overview:
- Tennessee, along with 17 other states, filed the lawsuit Monday against the U.S. Equal Employment Opportunity Commission. bullying guidance Unlawfully expands Title VII of the Civil Rights Act of 1964.
- According to complainThe agency is relying on the Supreme Court's ruling. Bostock v. Clayton County According to the decision to inform the guidance, its “narrow holding” cannot apply to “all transgender-related employment issues,” such as pronouns and bathroom use. “The EEOC essentially amended Title VII to in fact Accommodations for Gender Identity — Although Vostok “It did not address the context of accommodation,” the plaintiffs argued.
- Tennessee's co-plaintiffs include Alabama, Alaska, Arkansas, Georgia, Indiana, Iowa, Kansas, Kentucky, Mississippi, Missouri, Nebraska, Ohio, South Carolina, South Dakota, Utah, Virginia and West Virginia.
Dive Insights:
In making its argument, Tennessee pointed to a similar, currently blank technical assistance document promulgated by the EEOC in June 2021. Protection against employment discrimination based on sexual orientation or gender identity — Dress codes, pronouns, and gendered spaces were also covered. The guidance sought to explain: Vostok The decision and its impact on the employer.
Tennessee and 19 other states filed for an injunction in the U.S. District Court for the Eastern District of Tennessee. The same court is currently considering a request to suspend the anti-bullying guidelines. Vostok.
judge grant of preliminary injunction; July 2022 for the State of Tennessee and co-plaintiffs in a separate case. Texas is chasingThe district court threw out the documents in October of that year.
The new harassment guidance reflects “essentially the same interpretation of Title VII’s sex discrimination prohibition as set forth in the agency’s vacated 2021 guidance,” the state argued. “The proposed executive document therefore sought to be extended again. Vostok We propose that courts hold employers liable for the actions of customers or other third parties in situations where they explicitly reject ‘preliminary judgment,’ such as bathrooms or pronouns.”
In addition to lawsuits challenging harassment guidelines, Tennessee also lead the effort Many of the same co-plaintiffs have joined in an effort to halt EEOC rules enforcing the Pregnant Worker Fairness Act that specifically challenge abortion accommodation provisions.
The recent surge in rulemaking activity by various agencies appears to be an attempt to avoid rule review and potential dismissal in the next congressional session under the Congressional Review Act. These efforts have led to a flurry of similar lawsuits by states, industry trade groups and employers challenging rules, including the U.S. Department of Labor's fiduciary rule and the agency's new overtime standards.
The EEOC did not respond to a request for comment by press time.