Lawsuit Challenges EEOC’s Unlawful Refusal to Protect Transgender Workers from Discrimination
Joel Medina • July 30, 2025
Lawsuit Challenges EEOC’s Unlawful Refusal to Protect Transgender Workers from Discrimination
Trump-Vance Administration’s Executive Order Strips Away Long-Standing Protections Against Employment Discrimination
Maryland – Democracy Forward and the National Women’s Law Center (NWLC) today filed a lawsuit in the U.S. District Court for the District of Maryland, on behalf of FreeState Justice, against the Equal Employment Opportunity Commission (EEOC) and its Acting Chair Andrea Lucas for unlawfully refusing to enforce federal workplace protections for transgender workers.
The complaint challenges the EEOC’s sweeping nonenforcement policy that denies transgender workers access to the agency’s investigation process, dismisses ongoing cases brought on their behalf, and halts payments to state and local civil rights agencies for investigating claims tied to discrimination on the basis of gender identity. This is a stark contrast to the long-standing practice of the EEOC.
The EEOC’s actions violate Title VII of the Civil Rights Act of 1964, the Fifth Amendment’s Equal Protection guarantee, the Administrative Procedure Act, and the Bostock v. Clayton County precedent, a case where the U.S. Supreme Court held that Title VII’s prohibition against employment discrimination includes discrimination based on sexual orientation and gender identity, confirming protections for LGBTQ+ workers that the EEOC had already recognized for nearly a decade.
“Policies like the EEOC’s undermine the law and endanger people. They force LGBTQI+ people and other marginalized communities to choose between their job and being true to who they are,” said Lauren Pruitt, Legal Director at FreeState Justice. “These harms show up in the daily lives of the communities we serve through our legal work, who are being pushed further into the margins. We are fighting back because no one should have to live in fear of discrimination or retribution just to go to work.”
“For over 60 years, the EEOC’s mandate has been to protect workers from discrimination, not to pick and choose who is deemed worthy of protection based on political interference,” said Skye Perryman, President and CEO of Democracy Forward. “The Trump-Vance administration’s unlawful effort to erase protections for transgender people is cruel, and a violation of the law and the Constitution. We are honored to be alongside our partners and clients to hold this administration accountable and ensure every worker is protected under the law.”
“Instead of serving its critical role to prevent discrimination in the workplace, the EEOC, under Andrea Lucas’ leadership, is actually promoting discrimination,” said Gaylynn Burroughs, Vice President for Education and Workplace Justice at NWLC. “Transgender workers deserve to be protected against harassment, and the EEOC is obligated to do so under law. But the Trump administration seems hellbent on bullying transgender people in every possible way and ensuring that they are pushed out of all forms of public life, including their workplaces, so we’re taking the administration to court.”
The EEOC’s refusal to enforce civil rights protections follows Trump-Vance administration directives, including Executive Order 14168, which redefines federal policy to recognize only two sexes and strips away protections for transgender people across the federal government. Since January, the EEOC has moved to dismiss at least seven active lawsuits involving transgender and non-binary workers, stopped processing many discrimination complaints involving gender identity, and instructed staff to classify such complaints as meritless.
The case is FreeState Justice et al. v. Equal Employment Opportunity Foundation et al.
Read the complaint here.
Working at freestate means i'm helping people live truthfully Kellan Koch (He/Him) Legal Intern
What FreeState Justice Taught me about LGBTQ+ advocacy Kaitlyn Drake (They/Them) Legal Intern
Why I Chose FreeState Justice and What This Work Means to Me Naomi Berhe (She/HER) Communications Intern
Leading civil rights law firm Brown, Goldstein & Levy, LLP, (BGL) and FreeState Justice are thrilled to announce an exciting new partnership to strengthen our relationship and reaffirm our shared commitment to protecting LGBTQ+ rights in Maryland. This partnership is especially important in the wake of recent efforts to roll back civil protections for LGBTQ+ Americans and the Supreme Court’s recent decision in U.S. v. Skrmetti. As part of the new partnership, BGL and FreeState will host free legal clinics to provide on-site assistance with name changes and/or expungements to members of Maryland’s LGBTQ+ community. The clinics will be held at BGL’s Baltimore office located at 120 E. Baltimore Street and the free legal services will be provided by pro bono attorneys, including BGL attorneys, with the training and support of FreeState’s Legal Director, Lauren Pruitt. In addition to assisting with these legal services clinics, BGL has committed to supporting FreeState Justice’s advocacy financially as a sponsor of its annual Sunset Soirée fundraiser. These new efforts will also bolster BGL’s existing work with FreeState providing pro bono representation as opportunities arise. FreeState Justice and BGL are also excited to announce that BGL Attorney Lauren DiMartino will be joining FreeState’s Board of Directors effective July 1, 2025, and will chair the Board’s Programs Committee. Managing partner Jessie Weber previously served on FreeState’s Board, including as Board President. “For years, FreeState Justice has reliably answered the call to fight for the rights of LGBTQ+ Marylanders. Brown Goldstein & Levy recognizes the vital role FreeState Justice is playing in this difficult and crucial moment in history, and is honored to partner with FreeState in its efforts,” said Brown, Goldstein & Levy attorney Lauren DiMartino. “We are excited to see our partnership grow as we work together to safeguard the rights and full equality of LGBTQ+ Marylanders. We hope that other firms in Maryland will join us in answering the call.” “This partnership represents a significant advancement in our mission to ensure that every LGBTQ+ individual in Maryland has access to essential legal services, regardless of their income or background.” said FreeState Justice Legal Director, Lauren Pruitt, Esq. “By combining our legal expertise and commitment to civil rights, our organizations will broaden our reach and impact throughout the state. Together, we are dismantling barriers and creating more pathways to safety, dignity, and legal empowerment for those who need it most in Maryland.” ### About Brown, Goldstein & Levy, LLP Founded in 1982, Brown, Goldstein & Levy is a law firm based in Baltimore, Maryland, with an office in Washington, DC. The firm is nationally recognized in a wide variety of practice areas, including complex civil and commercial litigation, civil rights, health care, family law, and criminal defense. Above all else, Brown, Goldstein & Levy is a client-centered law firm that brings decades of experience and passionate, effective advocacy to your fight for justice. BGL was selected as the nation’s “Civil Rights Law Firm of the Year” by The National Law Journal and Elite Lawyers. The firm’s attorneys are consistently recognized as the best of the best by the industry’s leading organizations, including Chambers USA, Lawdragon, Best Lawyers, and Super Lawyers. Best Lawyers awarded BGL’s Civil Rights practice with its highest ranking. Learn more about Browm, Goldstein & Levy here . About FreeState Justice FreeState Justice was formed when legal advocacy organizations FreeState Legal Project and Equality Maryland merged in the spring of 2016. The organization is Maryland's leading statewide legal nonprofit working to improve the lives of Maryland's lesbian, gay, bisexual, transgender, and queer (LGBTQ+) community through free legal services, legislative advocacy, and education and outreach programs. You can learn more about FreeState Justice here .
Last week, the U.S. Supreme Court ruled in a 6-3 decision that parents can remove their children from lessons that include LGBTQ+ content. This decision is detrimental to the education and inclusivity that should be promoted in our schools. The Court has furthered ignorance by allowing parents to prevent their children from being exposed to diverse beliefs and ideas. In a time when the LGBTQ+ community is marginalized and lacks protection, the Court has chosen to deepen their isolation. This decision clearly goes against the Supreme Court’s mission of providing equal justice under the law. FreeState Justice’s Executive Director, Phillip Westry, and Legal Director, Lauren Pruitt, issued the following statement following the decision: “At FreeState Justice, we stand against this exclusion and everything it means for LGBTQ+ children in this country. We are committed to ensuring that LGBTQ+ individuals—especially youth—are seen, heard, and supported, something that this decision actively goes against. This decision underscores that our work is more important than ever, and FreeState Justice wants to remind everyone impacted: you are not alone. We are here, and we will continue to fight for you and provide you with whatever you may need to live authentically and safely.” - Phillip Westry, Executive Director "As someone who works directly with families, educators, and young people across Maryland, representation in schools is not about politics; it is about safety, dignity, and inclusivity. We know that when we create a more inclusive environment for one group, we open the door to understanding and acceptance for all. This transformative approach not only enriches the experiences of those initially focused upon but also weaves a stronger fabric of community that embraces diversity, fostering a sense of belonging that touches everyone. The Court's ruling may contradict this understanding, but it does not erase our existence. It simply makes it harder for all students to learn about the full spectrum of the world they live in. At FreeState Justice, we will continue to stand in solidarity with LGBTQ+ students and their families. Our commitment to this work is not new; this decision only makes it more urgent.” - Lauren Pruitt, Legal Director This decision does not signify the end of the fight for LGBTQ+ rights. Rather, it underscores the ongoing efforts by LGBTQ+ individuals and organizations to build a society free from discrimination, where LGBTQ+ people can express themselves safely. FreeState has already taken significant steps in this direction by fiercely advocating against hate-filled legislation and providing essential resources to the LGBTQ+ community. We will continue this work, and we will continue to do so in the face of adversity until every citizen has been afforded equal rights and protections.
Last week's 6–3 Supreme Court decision in Kennedy v. Braidwood Management is a critical win for public health and LGBTQ+ communities nationwide. The Court upheld the authority of the U.S. Preventive Services Task Force (USPSTF), preserving the Affordable Care Act’s requirement that preventive services — including PrEP for HIV, cancer screenings, and reproductive health — remain available without out-of-pocket costs. That this ruling came down on National HIV Testing Day only raises its stakes and significance. At FreeState Justice, we understand that access to preventive care is not a luxury, it’s a right that Black, Brown, LGBTQ+, low-income, and system-impacted communities have long been forced to fight for. “ This decision is a relief, but it’s not the finish line. Free and easy access to PrEP is one thing but getting it into the hands of the people who need it most is another. That’s where FreeState Justice's work continues. This Supreme Court ruling tells us what’s possible when we organize, legislate, and refuse to back down. Together, advocates pushed Maryland to repeal HIV criminalization, and next we’ll work to ensure PrEP is available at every pharmacy.” - Ronnie L. Taylor, Community Impact Director at FreeState Justice. Maryland has led by example in regard to healthcare equity. In the 2025 legislative session, FreeState Justice helped to repeal outdated and discriminatory HIV criminalization laws through the Carlton R. Smith Jr. HIV Modernization Act. It was a necessary correction to decades of policy rooted in fear, stigma, and punishment rather than science. But this repeal wasn’t just about ending unjust prosecution. It was about building a future where prevention and care guide our public health strategy, rather than discriminatory stigma. With this decision, there is a clear roadmap forward for healthcare equity for all, and FreeState Justice remains committed to leading that fight in Maryland and beyond. Today, we urge everyone to get tested, know their status, and understand that there is no shame in taking control of their health. We call on lawmakers, insurers, and health agencies to meet our communities at this moment—not with more bureaucracy, but with bold action rooted in equity and trust.
Earlier this week, it was announced that the U.S. Supreme Court made a 6–3 ruling in U.S. v. Skrmetti to uphold Tennessee’s law banning gender-affirming healthcare for transgender youth. This marks one of the most harmful federal decisions in recent history for LGBTQ+ rights. With this ruling, the Court has turned its back on a vulnerable population in urgent need of protection, setting a dangerous precedent that endangers access to care for so many across the country today. This decision is not only blatantly discriminatory but a failure by the Court at its central mission of safeguarding the civil rights of people in this country. Phillip Westry, Executive Director of FreeState Justice, issued the following statement: “This ruling is more than a setback; it is a betrayal of the legal principles of equality and justice that FreeState Justice fights to defend daily. Making it during a month meant for LGBTQ+ communities to express their Pride showcases just how far this Court has fallen in protecting the rights of this country’s most vulnerable. To the many transgender children and their families harmed by this decision, I say on behalf of this organization that you are not alone, that we will work in coalition with countless others to fight for you even more now. When our courts fail us, our communities must rise together. In moments like this, we are reminded that the fight for LGBTQ+ rights is far from over and that unity is our most powerful tool against discriminatory attacks like these.” The decision in U.S. v. Skrmetti, while heartbreaking, in no way marks the end of the fight for LGBTQ+ rights. Instead, it is further evidence that LGBTQ+ individuals, coalitions, and organizations must work even harder together to build a future where transgender and LGBTQ+ people can live with safety and autonomy. Here in Maryland, we have already made vital strides to protect trans lives, expand access to affirming care, and push back against hate-driven legislation—and we will not stop. FreeState Justice will continue to spearhead this work with Pride, and we will fight every day until every state in this country has the rights Marylanders do today.
FreeState Justice (FSJ) announces th third annual Sunset Soirée, on Friday, May 30th, 2025, from 7:00-11:00 PM at The Garage at R House in Baltimore, Maryland! FreeState Justice is Maryland’s leading LGBTQ+ legal nonprofit which has spent more than a decade advocating for this state’s most marginalized groups. Through free legal services, an expansive resource program, and community education, they have made many meaningful strides in making this State inclusive for all. All of this work is only possible through working in collaboration with organizations and advocates across the state, which is why FSJ is thrilled to announce the third iteration of an event meant to celebrate them: The Sunset Soirée. The Sunset Soirée marks the start of Pride season in Baltimore, blending celebration with purpose. This year’s theme, ‘Busting Out of the 80s,’ honors the resilience of the LGBTQ+ community during the HIV/AIDS crisis and how they still fought for their rights against so much discrimination nationwide. The event will feature great food, an open bar, and performances from some of the best artists in MD. Attendees will have the chance to support FreeState Justice’s mission while engaging with the many local advocates fighting for an inclusive Maryland today. Tickets are one sale now, and anybody who uses discount code ‘SS2025’ at checkout will receive 15% off their order before April 25th. Get yours today!
The 2025 LGBTQIA+ Guidance Memorandum from the Maryland Attorney General outlines the state's protections for LGBTQIA+ individuals in response to federal actions that may limit their rights. It reaffirms Maryland's anti-discrimination laws in healthcare, education, employment, and housing, ensuring continued access to gender-affirming care, protection from workplace discrimination, and the right to use chosen names and pronouns in schools. The document also highlights legal avenues for individuals facing discrimination and provides resources for support. This memorandum is important because it reassures LGBTQIA+ Marylanders that their rights remain protected despite changing federal policies. It provides clear legal guidance, ensuring that individuals, employers, educators, and healthcare providers understand their responsibilities and rights, fostering a safer and more inclusive environment. You can read the full memorandum here .
Whether it be at a restaurant, in schools, or in the Capitol, a person should always have safe access to the restroom that best fits their gender identity. FreeState Justice is appalled at the behavior of sitting congresspeople who are using their platform for hatred by trying to bar transgender women from using the women's restrooms in the Capitol. Their discriminatory claims of why this is necessary is a tired, deeply hateful rhetoric, one which has been proven factually false for decades. It only serves to further divide this country and perpetuate stigmas that have proven to hurt not only transgender people, but all LGBTQ+ communities at a legislative level. FSJ congratulates Congresswoman Sarah McBride for breaking barriers as becoming the first openlty transgender woman to be elected into the House of Representatives. We are deeply troubled to learn that her success is being met with such vitriol, yet we are proud to see so many of our LGBTQ+ family in Maryland and beyond coming together to support her rights. We will continue to raise awareness of this serious issue and will not stop fighting until every transgender person in this country has the respect and safety they deserve.