As a labor and employment attorney, I have handled cases before the U.S. Equal Employment Opportunity Commission (EEOC) for almost two decades. This is probably how I got invited to the EEOC-sponsored event, “AANHPI + Pride: Intersecting Identities at Work and Beyond.”
For the uninitiated, AANHPI stands for “Asian American Native Hawaiian and Pacific Islanders.” And yes, the presenters repeated the alphabet string “AAHNPI LGBTQIA+ community” many, many times.
White House appointee Erika Moritsugu kicked off the presentation by boasting that 14 percent of Biden’s appointees are LGBT. She also touted President Biden’s executive orders on “equity,” which blatantly pander to identity groups based on race and sexual self-identification, using purposefully vague language to enable maximum federal power and involvement.
EEOC Vice Chair Jocelyn Samuels spoke as well, and committed the EEOC to expanding its outreach, education, investigation, and litigation efforts, particularly toward a “robust implementation of the Bostock decision.”
Using Bostock to Tyrannize Language and Privacy
Last year, in the case Bostock v. Clayton County, the Supreme Court expanded Title VII of the Civil Rights Act to prohibit distinctions based on sexual orientation and gender identity. New EEOC guidance uses Bostock to force companies to open bathrooms, locker rooms, and showers to employees based on the sex they profess to be. The EEOC also interprets Bostock to mean calling transgender employees by their sex-accurate name and pronouns can constitute unlawful harassment.
In plain language, employers can no longer exclude men from women’s private areas. Employers must also police the use of pronouns by employees, disciplining dissenters in some cases. Further, the EEOC urges employees to file complaints so the full power of federal enforcement and private litigation will come down on any employer who doesn’t comply. (Thanks for enabling this bureaucratic harassment in Bostock, Justice Neil Gorsuch!)
Meanwhile, the presentation continued its descent into madness, condemning state laws that exclude men from women’s sports (calling them “bullying disguised as legislation”). One panelist, an EEOC attorney, claimed such bills must be motivated by misogyny, because they focus on trans women (biological men) instead of trans men (biological women). Despite an Ivy League education, this panelist somehow missed the fact that women (whatever sex they say they are) pose zero threat to men’s sports.
Unable to let such blatant science denial pass, I asked a question in the chat box. “What do you suggest as a solution to the women’s sports / trans athlete conundrum?” I asked, trying to use the lingo. “Specifically the physical advantages of trans women over cis women. How would you resolve?”
In response, the panelist told me: “This is simply a non-issue. The [International Olympic Committee] and the NCAA already have sensible policies in place that require trans women to have testosterone levels comparable to those of cis women. The reality for trans women who are on hormone therapy is that there is no competitive advantage.”
The fact that hormone therapy does not change men’s height, muscle mass, lung capacity, or red blood cell count did not stop this highly-educated government attorney from peddling lies.
The EEOC’s Mission … Abolishing ICE and Prisons?
But wait, there’s more! According to the illustrious panelists, the EEOC’s mission to enforce equal opportunity should encompass many leftist priorities. These included abolishing Immigration and Customs Enforcement; ending incarceration (while somehow also stopping anti-Asian violence); ending prejudice against prostitution; imposing pay equity; and expanding the welfare state to “give people access to what they need to survive and thrive.”
A link to the “Trans Agenda for Liberation” was promoted. Meanwhile, no one bothered to address my second question, about the accommodation of religious beliefs. Finally, the moderator called time (which was good, because my head was exploding).
Put aside, for now, the fact that American taxpayers are involuntarily funding hundreds of unelected, unaccountable federal agencies like the EEOC. With the full support of the Biden administration, the EEOC has declared war on people who hold traditional views on sex, women who value their safety and privacy, and people who simply believe in science (not to mention Asian Americans who don’t view themselves as victims). They will not stop until we have been educated, investigated, and litigated into submission.
Ironically, these radical EEOC policies will not help employees with gender dysphoria win friends and influence people. Instead, ham-handed mandates are creating alienation and outrage among employees who previously just wanted to do their work and live in peace.
This regime forces employers to waste enormous amounts of time and money on compliance (i.e., lawyers), Orwellian training, complaint hotlines, and redesigning perfectly serviceable bathroom facilities. And employees waste time and brain cells on continuous self-censorship, while struggling with how to stand up for their convictions without getting fired. Actual work, of course, goes on the back burner.
How to Fight Back
So what can freedom-loving Americans do? First, it’s important to realize EEOC guidance does not have the force of law. Anyone who has money and legal firepower to challenge some of the EEOC’s radical applications of Bostock should do so. The Bostock decision held that employers cannot fire employees for their sexual orientation or gender identity; it did not rule on bathrooms, pronouns, or religious accommodation. Litigants with resources should seek to limit the Bostock opinion wherever possible.
Second, Americans should use their voices and votes to oppose the Biden administration’s agenda. Contact your senators and other representatives, tell them how the EEOC (and other agencies) are running amok, and let them know your vote is on the line.
Gather like-minded individuals in your community. Make sure your elected officials in Washington and at home know you will not bow to the extremist LGBT agenda, and you will not support those who do.
Finally, be courageous. Don’t be obnoxious, but if you are able to speak your convictions you should do so. Others may be encouraged by your example. If you have religious beliefs on sex and sexuality, learn how to share them in a clear and engaging way. Explore ways to free yourself from the EEOC-dominated W-2 workplace, perhaps through gig and contract work.
The EEOC may be large and powerful, but they can’t arraign everyone. Perhaps if enough Americans say “enough,” we can end the nonsense.