AG Sues Biden Administration to Stop Enforcement of Guidance that Threatens Women’s Sports and Student and Employee Privacy

Sep 10, 2021 | Brief

Tennessee Attorney General Herbert H. Slatery III, leading a 20-state coalition, filed a lawsuit in the Eastern District of Tennessee today. The complaint seeks to stop the Biden Administration from enforcing new, expansive, and unlawful interpretations of federal antidiscrimination laws. In the complaint, the multi-state coalition challenges federal guidance issued by the Equal Employment Opportunity Commission (EEOC) and the Department of Education (the Department) concerning issues of enormous importance. The guidance purports to resolve highly controversial and localized issues such as whether schools must allow biological males to compete on girls’ sports teams, whether employers and schools may maintain sex-separated showers and locker rooms, and whether individuals may be compelled to use another person’s preferred pronouns. The federal agencies claim that the guidance simply implements the Supreme Court’s decision in Bostock v. Clayton County, but that decision did not address any of the issues covered by the guidance.  The agencies have no authority to unilaterally resolve these sensitive questions, let alone to do so without providing the public with notice and an opportunity to comment.

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