March 25, 2025

Via Email & U.S. Mail

Acting EEOC Commissioner Andrea R. Lucas

131 M Street, NE

Washington, DC 20507

andrea.lucas@eeoc.gov

To Acting Chairperson Lucas,

This statement is on behalf of the National Employment Lawyers Association*, Illinois Chapter† opposing the Equal Employment Opportunity Commission’s recent policy changes that threaten longstanding workplace discrimination protections. NELA-Illinois strongly opposes the EEOC’s recent actions, which undermine the Commission’s ability to enforce federal antidiscrimination laws and protect vulnerable workers. The EEOC’s recent policy changes violate Supreme Court rulings, contradict past EEOC guidance, and undermine Title VII of the Civil Rights Act.

1. The EEOC is Rolling Back Protections for LGBTQIA+ Workers

• The EEOC decided to halt processing discrimination claims based on sexual orientation and gender identity. The EEOC has also removed related guidance and resources for such claims.
• The EEOC’s new policy is an affront to the Supreme Court’s decision in Bostock v. Clayton County, 590 U.S. 644. In Bostock, the Supreme Court held that Title VII’s prohibition of sex discrimination protects workers from discrimination based on sexual orientation and gender identity.
• This policy reversal contradicts the EEOC’s own past guidance and obligations under the law, leaving LGBTQIA+ workers even more vulnerable to workplace discrimination and harassment.

2. The EEOC is Erasing Nonbinary Identities from the Charge-Filing Process

• The EEOC changed the charge-filing process which prevents individuals from selecting a gender identity outside the male-female binary as the basis for discrimination.
• By doing so, the EEOC is effectively erasing nonbinary individuals from the legal process required to protect them.
• This exclusion is not just about protecting workers—it is about denying recognition and legal recourse to those whose rights are already at risk.

3. The EEOC is Attacking Diversity, Equity, and Inclusion (DEI) Initiatives

• The EEOC’s new approach not only disregards the benefits of diversity but thwarts attempts to eschew diverse applicants and employees in favor of historically privileged people. This represents a stark departure from the EEOC’s mission to investigate and oppose workplace discrimination.
• The EEOC’s recent actions and guidance appear designed to discourage or dismantle DEI initiatives in the workplace, rather than clarify the legal boundaries surrounding them.
• While it is true that employment decisions based on protected characteristics can violate Title VII, the EEOC’s current approach goes further—demonizing DEI efforts as inherently suspect without offering a workable framework for employers who seek to lawfully promote diversity.
• The guidance highlights that “DEI” is an undefined term, but then fails to define it or provide any meaningful direction. It neglects to explain how employers can achieve the legitimate goal of fostering a diverse and inclusive workforce in a manner consistent with Title VII—such as through inclusive recruitment practices, outreach to underrepresented groups, or supporting the advancement and retention of diverse employees.
• This lack of clarity, combined with the hostile tone toward DEI programs, will likely lead many employers to abandon these efforts entirely—even where such efforts are fully lawful and beneficial.
• Diversity strengthens and improves workplaces by bringing a broader range of perspectives, fostering innovation, and ensuring that the workforce reflects the diversity of our society. Rather than serving as a scapegoat to justify discriminatory acts, responsible DEI initiatives should be recognized and supported for the value they add to workplace culture, equity, and productivity.
• The EEOC’s new posture not only disregards these benefits—it appears to actively justify discriminatory practices under the guise of protecting one group over another. This represents a troubling departure from the EEOC’s mission to investigate and oppose, not promote, workplace discrimination.



4. The EEOC is Undermining its Integrity and Independence

• The EEOC also engaged in the unprecedented removal of Commissioners Charlotte A. Burrows, Jocelyn Samuels, and General Counsel Karla A. Gilbride. Such actions raise serious concerns about the politicization of the EEOC.
• A strong, independent EEOC is essential to ensure that workplace protections remain intact, and that discrimination and retaliation claims are investigated fairly and impartially.

We urge the EEOC to reaffirm its commitment to enforcing anti-discrimination protections for all workers, in accordance with Supreme Court precedent and existing federal law by:

• Restoring information and resources regarding sexual orientation and gender identity discrimination on the EEOC’s website;
• Investigating and prosecuting new cases of discrimination based on sexual orientation and gender identity;
• Reinstating the option of selecting a gender identity outside of the male/female binary on discrimination charge forms; and,
• Reaffirming the portions of the EEOC’s harassment guidance that recognize that harassing conduct under Title VII includes “denial of access to a bathroom or other sex-segregated facility consistent with [an] individual’s gender identity;” and “repeated and intentional use of a name or pronoun inconsistent with [an] individual’s known gender identity.”

The EEOC must not abandon its mission to uphold the principles of workplace equality, fairness, and justice.

Respectfully submitted,

Max P Barack, President

National Employment Lawyers Association – Illinois

__________________________

* NELA is the largest professional membership organization in the country comprised of lawyers who represent workers in labor, employment, wage and hour, and civil rights disputes. Founded in 1985, NELA advances employee rights and serves lawyers who advocate for equality and justice in the American workplace. NELA empowers workers’ rights attorneys through legal training, promoting a fair judiciary, and advocating for laws and policies that level the playing field for workers. NELA engages in legislative advocacy on behalf of workers and labor unions throughout the United States.

† NELA-Illinois, a chapter of the national organization, was established in 1986 and has over 185 members who are committed to working on behalf of those whose rights are violated in the workplace. NELA-Illinois members represent thousands of workers in their pursuit of labor rights and justice for discrimination, harassment, retaliation, recoveries for wage theft, whistleblowing, and more.