GOP AGs Extend a Hand in Fighting EEOC on Alleged Title VII Overreach

  • A group of 18 Republican AGs sued the Equal Employment Opportunity Commission (EEOC) over its Enforcement Guidance on Harassment in the Workplace (Enforcement Document) which informs employers that failing to accommodate their employees’ gender identities violates Title VII.
  • According to the complaint, the Enforcement Document allegedly expands the scope of Title VII liability beyond what is authorized by Congress, in violation of the separation of powers; violates principles of federalism, state sovereignty, and First Amendment protections of free speech and religious liberty; and is arbitrary and capricious, in violation of the Administrative Procedures Act.
  • The AGs seek declaratory and injunctive relief, requesting the court to vacate and set aside the Enforcement Document.