WASHINGTON, D.C. – Today, America First Legal (AFL), with co-counsel Christopher Mills, filed an amicus brief in the U.S. District Court for the Eastern District of Tennessee in State of Tennessee, et al., v. Equal Employment Opportunity Commission, et al. The brief outlines why the Court should grant Tennessee’s motion for a preliminary injunction against the Biden EEOC’s attempt to extend Title VII protections to include “gender identity.”
Title VII generally makes it unlawful for an employer “to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s…sex.” It has always been understood to permit appropriately sex-separated spaces like restrooms and changing facilities. But the EEOC’s new guidance wields Title VII to demand that employers open up facilities to persons based on their self-proclaimed “gender identity.”
The Biden Administration’s latest effort at transforming “sex” in Title VII into “gender identity” contradicts text, history, biology, and Supreme Court rulings like Bostock v. Clayton County, which held that “transgender status” is a “distinct concept[] from sex.”
Once again, the Biden Administration is attempting to use the power of the federal government to reject science. Title VII is about sex, not the 100+ gender identities that the radical left has fabricated. Title VII lets employers protect women’s spaces – it does not require employers to pretend that there is no difference between a male and a female.
The EEOC’s guidance is unlawful and should be enjoined immediately. America First Legal is proud to file today’s brief to support the State of Tennessee’s rights under the law and to protect women across the country from the dangers of radical gender ideology.
Statement from Gene Hamilton, America First Legal Executive Director:
“This case is a clear example of ‘gender identity’ run amok. The notion that a man – or woman – can change their gender overnight and be granted access to the bathroom of their choice is lunacy. Yet, this is the exact position that the Biden Administration is propelling using the full force of the federal government. We are proud to stand with the State of Tennessee in this important battle for biological truth and objective reality,” said Gene Hamilton.
Read the brief here.
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