EEOC ISSUES ANNUAL REPORT
- The Equal Employment Opportunity Commission (EEOC) has published its annual performance report for the preceding Fiscal Year 2024.
- According to the Report, last year the EEOC secured nearly $700 million in monetary recoveries. This is the highest monetary recovery the EEOC has ever achieved. This unprecedented total includes $469.6 million for private sector and state/local government claimants, $190 million for federal workers and applicants, and over $40 million obtained through litigation.
- The Report also highlights that the EEOC saw a significant increase in charge filings: there were 88,531 new charges filed in 2024, a 9.2\% rise in filings from the previous fiscal year.
- The Report also calls attention to the EEOC’s litigation of claims that it identified as focus areas in its Strategic Enforcement Plan (SEP). For example, the EEOC filed five lawsuits under the Pregnant Workers Fairness Act (PWFA), which took effect in FY 2023 and which the EEOC has identified as an “emerging and developing issue.” Likewise, the EEOC’s SEP reiterated the EEOC’s intent to file claims under the Americans with Disabilities Act (ADA), and in FY 2024 such claims represented more than 40\% of the suits that were filed.
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ANALYZING PRESIDENT TRUMP’S “DEFENDING WOMEN FROM GENDER IDEOLOGY EXTREMISM …”EXECUTIVE ORDER
Aside from declaring that the United States will only recognize two sexes—male and female—the other key points in this Executive Order (EO) are as follows:
- Definition of Sex.The EO defines the term “sex” as a person’s “immutable biological classification as male or female.” This specifically excludes the concept of “gender identity,” which the EO deems subjective.
- Sex-Based Distinctionson Federal Policies. Federal agencies are required to use the term “sex,” not “gender,” in all their policies and official documents in enforcing sex-based distinctions.
- Government-Issued Identification Documents.Government-issued identification—such as passports, visas, and federal employment records—must reflect the holder’s biological sex as defined in the EO. This reverses the Biden administration’s policy permitting Americans applying for a passport to use “X,” along with the option for male or female, as a gender marker. Andrea Lucas, acting Chair of the EEOC announced in a recent press release that she has ended the use of the ‘X’ gender marker for those filing charges of discrimination.
- “Privacy in Intimate Spaces” Designated for Women.The EO mandates that single-sex spaces designated for women, including rape shelters, are designated by biological sex and not by gender identity.
- Rescission of Prior EEOC Guidance on Workplace Harassment.The EO explicitly rescinds certain guidance issued by the prior administration related to transgender individuals and gender identity-based claims. This rollback includes the EEOC’s guidance on workplace harassment—which contains numerous references to gender identity harassment and discrimination—and other policies directed at LGBTQ individuals.
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