Stay up to date with notifications from The?Independent

Notifications can be managed in browser preferences.

DC workers fight back against Trump's 'two sexes' order and say following the directive violates the law

Trump fired many leaders of the Equal Employment Opportunity Commission last week

Katie Hawkinson
in Washington, D.C.
Tuesday 04 February 2025 21:51 GMT
Comments
Trump declares official policy recognising only two genders

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

Federal employees in Washington, D.C., are fighting back against President Donald Trump’s executive order denying the existence of transgender, nonbinary and intersex people in government, warning it may be illegal to comply with it.

Last month, Trump signed an executive order ordering the government to “recognize two sexes, male and female,” claiming these sexes are “not changeable and are grounded in fundamental and incontrovertible reality.”

Now, attorneys and other staff with the Equal Employment Opportunity Commission — the agency that enforces anti-discrimination laws in the workplace — say it’s against the law for them to enforce the order, The Wall Street Journal reports.

Last week, Trump fired leadership at the commission. Now, acting chair Andrea Lucas has ordered that any claims at federal agencies relating to Trump’s “two sexes” order should be directed to the commission’s headquarters, rather than dealt with at the commission’s field offices, the Journal reports.

President Donald Trump signed an executive order declaring the government would only recognize ‘two sexes’ - but now some government employees are pushing back
President Donald Trump signed an executive order declaring the government would only recognize ‘two sexes’ - but now some government employees are pushing back (Getty Images)

In response, several attorneys and staff at the commission warned Lucas it would be illegal to comply with Trump’s executive order, according to the Journal.

That’s because the agency must enforce Title VII of the 1964 Civil Rights Act, a law that prohibits sex discrimination in the workplace. This definition was expanded in 2020 by the Supreme Court to include sexual orientation and gender identity.

“The tactics you are employing and the actions you have taken in lockstep with this new administration are illegal and unconstitutional,” an email from a commission administrative judge to Lucas sent Monday reads, according to the Journal.

Lucas has shown her support for Trump’s order by announcing that she would remove identity pronouns from employees' online profiles and remove the “X” gender marker on documents used by employees filing discrimination charges.

While Lucas may guide the commission’s priorities, the agency is still required to review all charges and give workers a “notice of right to sue,” which allows workers to sue their employers on their own, the Journal reports.

Karla Gilbride, an attorney who served as the commission’s general counsel until Trump fired her, told the Journal the commission would be violating its statutory obligations if it doesn’t process charges surrounding sexual orientation or gender identity.

A commission spokesperson told the Journal Lucas has “acted promptly to comply with applicable executive orders to the fullest extent possible under her existing authority.”

“All charges of discrimination are accepted by the [the commission],” the spokesperson added.

Trump’s executive order declaring the government will only “recognize two sexes” comes amid a barrage of other attacks on trans, nonbinary and intersex people.

The president also directed federal agencies to rescind policies that support or acknowledge gender-affirming healthcare for transgender Americans, while the Department of Defense issued a policy that could see the removal of thousands of trans service members.

The State Department has even moved to end issuing new passports with the “X” gender marker.

Join our commenting forum

Join thought-provoking conversations, follow other Independent readers and see their replies

Comments

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in