Texas Wins Battle Against Biden’s Woke ‘Pronoun’ and ‘Bathroom’ Orders for Employers

Facebook Twitter Flipboard Texas has won the battle against Joe Biden’s woke Equal Employment Opportunity Commission (EEOC) rules that would have forced employers to obey employees when they demanded woke pronouns and bathroom preferences at work The Biden EEOC issued its employment guidance in 2021 with a novel reimagining of the 1964 Ciil Rights Act […]

By Warner Todd Huston

May 22, 2025 at 8:49 pm

Texas has won the battle against Joe Biden's woke Equal Employment Opportunity Commission (EEOC) rules that would have forced employers to obey employees when they demanded woke pronouns and bathroom preferences at work

The Biden EEOC issued its employment guidance in 2021 with a novel reimagining of the 1964 Ciil Rights Act and claiming that the act protects transgenderism and pronoun preferences. With that false claim in hand, the EEOC then ruled that companies had to force all employees to accept and use the "preferred pronouns" of any employee who claims to be something other than his or her factual gender. The EEOC further ruled that companies had to allow men who claim to be transgender or "non-binary" to use whatever bathroom they want regardless of how it might upset the other employees.

Yes, the Biden EEOC had ruled that companies must allow men to use the women's restroom at work.

But that same year, Texas Attorney General Ken Paxton sued the EEOC to have these rules reversed. And now, there is an update on that lawsuit, according to Just the News.

In 2021, the EEOC issued guidance requiring employers to allow exceptions for employees with stated “gender preferences and identities” to use bathrooms, locker rooms, showers, dress codes and personal pronouns contrary to their biological sex. Texas argued the guidance was unlawful and increased the scope of liability for all employers, including the state of Texas, which employed roughly 140,000 people in September 2022, according to the state comptroller’s office.

The lawsuit was later amended to include the U.S. Department of Health and Human Services as a defendant after the agency promulgated a new rule threatening to cut federal funding to states that prohibit “sex-change” procedures on minors and classify the procedure as child abuse. Biden administration guidances would have allowed biological males to use women’s facilities and abolished sex-specific workplace dress codes.

The court struck down both rules, vacated the 2021 guidance and issued a binding declaratory judgment between the EEOC and Texas.

A similar ruling was issued on Thursday by U.S. District Judge Matthew Kacsmaryk. The 2024 guidance sought to redefine “discrimination” to include “gender identity,” opening up private and state employers to lawsuits if they didn’t adopt sweeping “transgender inclusive policies” and comply with “pronoun police,” Paxton argued.

“The Biden Administration unlawfully tried to twist federal law into a tool for advancing radical gender ideology by attempting to force employers to adopt ‘transgender’ policies or risk being sued,” Paxton said. “The federal government has no right to force Texans to play along with delusions or ignore biological reality in our workplaces. This is a great victory for common sense and the rule of law.”

This is a great victory for common sense.

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