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(Daily Fetched) – Tennessee Attorney General Jonathan Skrmetti led a coalition of 18 states in filing a lawsuit against the Equal Employment Opportunity Commission (EEOC) after it published its new sexual harassment guidance extending Title VII’s protections against sex-based discrimination to cover gender identity.
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In April, the EEOC released its new guidance, which insisted that employers are liable under Title VII if they or another employee use the incorrect name or pronoun of an employee’s preferred gender identity.
Further, the employer can be liable for limiting access to bathrooms and other facilities, such as showers or locker rooms, based on biological sex and not on gender identity.
If a customer or other non-employee fails to use an employee’s preferred pronouns or refuses to share a restroom with someone of the opposite sex, the employer can also be sued.
Skrmetti said:
“In America, the Constitution gives the power to make laws to the people’s elected representatives, not to unaccountable commissioners, and this EEOC guidance is an attack on our constitutional separation of powers.”
“When, as here, a federal agency engages in government over the people instead of government by the people, it undermines the legitimacy of our laws and alienates Americans from our legal system.”
“This end-run around our constitutional institutions misuses federal power to…
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