Twenty other Republican-led states are further pushing back against the policy that supports the notion that people can operate in workspaces based on the sex they “identify” with or their “transgender” sex, instead of their biological sex.
NBC reported on Paxton’s legal move:
"Texas Attorney General Ken Paxton has moved to block Biden administration guidance requiring that employers allow transgender workers to use bathrooms and dress in a manner aligned with their gender identity, following a separate challenge by 20 other Republican-led states."
"Paxton’s office, in a complaint filed in Amarillo, Texas, federal court on Monday, said state agencies will not allow workers to use bathrooms designated for the opposite sex or discipline employees over their use of gendered pronouns, placing them at risk of facing legal action in light of June guidance from the Equal Employment Opportunity Commission [EEOC]."
The AG further announced that the guidance is invalid because it was approved by EEOC Chair Charlotte Burrows without a vote from the entire five-member commission.
Paxton announced in a statement that states should be able to place the rights of employers over “subjective views of gender” and that the EEOC guidance is dangerous to women and children because they will not have access to separate and safe spaces:
“States should be able to choose protection of privacy for their employers over subjective views of gender, and this illegal guidance puts many women and children at risk,” Attorney General Paxton said. “If the Biden Administration thinks they can force states to comply with their political agenda, my office will fight against their radical attempt at social change. These backdoor attempts to force businesses, including the State of Texas, to align with their beliefs is unacceptable.”
The EEOC direction is relying on the U.S. Supreme Court’s 2020 ruling in Bostock v. Clayton County, which announced that the Civil Rights Act of 1964 includes discrimination based on “gender identity.”
“Employers also can violate Title VII by refusing to refer to employees by their preferred pronouns,” the EEOC stated, according to NBC.
But Paxton disagrees.
“While [Bostock] held that ‘discrimination based on homosexuality or transgender status necessarily entails discrimination based on sex,’ the June 15 Guidance instead addresses the converse question: whether discrimination on the basis of sex necessarily entails discrimination based on transgender status,” Paxton said.
“Paxton’s office is seeking an order vacating the guidance and will pursue a preliminary injunction barring the guidance’s enforcement while the lawsuit is pending,” NBC reported.