A federal judge dismissed a lawsuit alleging that the U.S. Equal Employment Opportunity Commission is unlawfully refusing to enforce workplace protections for transgender workers.
Chief Maryland District Judge George L. Russell III dismissed the case on Friday, saying the court lacks jurisdiction over the complaint, and plaintiff FreeState Justice, a Maryland LGBTQ+ advocacy group, lacks standing to pursue it.
“While deeply troubling, the Court agrees with Defendants that the EEOC’s decision to alter its investigations of gender identity discrimination claims constitutes a discretionary decision over which the Court lacks authority to review,” said Russell, a nominee of President Barack Obama, in a memorandum opinion filed Friday.
The U.S. Equal Employment Opportunity Commission under the leadership of Chair Andrea Lucas, a Republican, moved swiftly to comply with President Donald Trump’s January 2025 executive order declaring two unchangeable sexes. The federal agency charged with enforcing laws against workplace discrimination has aggressively pared back protections for transgender workers, dropping lawsuits on their behalf as well as requiring heightened scrutiny for incoming discrimination complaints related to gender identity.
On behalf of FreeState Justice, legal advocacy groups Democracy Forward and the National Women’s Law Center sued the EEOC in July 2025, alleging the agency’s “Trans Exclusion Policy” violates Supreme Court precedent, Title VII of the Civil Rights Act of 1964, the Fifth Amendment’s Equal Protection guarantee, and the Administrative Procedure Act.
Liz Theran, senior director of litigation for education and workplace justice at the National Women’s Law Center, said the organization is reviewing the decision, and “considering our options. Regardless of the outcome of this case, transgender people deserve workplaces free from discrimination, and we will continue fighting to ensure that federal civil rights protections apply to everyone they were designed to protect.”
She added that “the EEOC exists because people who faced workplace discrimination often had nowhere else to turn. This agency is charged with enforcing civil rights laws and cannot single out workers it wants to protect. No one should lose access to federal protections because of who they are.”
The EEOC declined to comment on the lawsuit, and instead referred The Associated Press to the Department of Justice. The DOJ did not immediately respond to a request for comment.
The EEOC in its motion to dismiss argued that “allowing FreeState’s suit would thrust this Court into the role of an overseer that micromanages the Commission’s enforcement process,” according to court documents filed Oct. 15. “In the same way that a citizen cannot challenge the decision of the FBI or a U.S. Attorney to focus on certain kinds of crimes over others, FreeState cannot challenge the EEOC’s discretionary decisions about how to enforce federal antidiscrimination law,” the motion reads.
The court decision comes as Pride Month celebrations are underway globally, some tinged with defiance as Trump’s administration pushes policies to roll back the rights of transgender people and curtail recognition of diversity, equity and inclusion.
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