Signaling a major shift in civil rights enforcement, the federal agency that enforces workplace anti-discrimination laws has moved to dismiss six of its own cases on behalf of workers alleging gender identity discrimination, arguing that the cases now conflict with , court documents say.

The requests by the U.S. Equal Employment Opportunity Commission mark a major departure from its prior interpretation of civil rights law, and a stark contrast to a decade ago when the agency that a transgender civilian employee of the U.S. Army had been discriminated against because her employer refused to use her preferred pronouns or allow her to use bathrooms based on her gender identity.

Just last year, the EEOC to specify that deliberately using the wrong pronouns for an employee, or refusing them access to bathrooms corresponding with their gender identity, constituted a form of harassment. That followed a from employment discrimination.

must pass through the EEOC 鈥� at least initially 鈥� and the agency鈥檚 decision to drop at least six of the cases raises serious questions about whether its protections will continue to extend to people going forward.

The EEOC is seeking to dismiss three cases in Illinois as well as one in Alabama, New York and California. In each instance, the original complaints allege discrimination against transgender or gender nonconforming workers. The agency cites Trump鈥檚 Jan. 20 executive order declaring that the government would recognize only two 鈥渋mmutable鈥� sexes 鈥� male and female 鈥� as the reason for why it no longer intends to pursue the cases.

The Alabama case charged that Harmony Hospitality LLC discriminated against an employee who identifies as a gay nonbinary male by firing him hours after co-owners learned of his gender identity. The New York lawsuit alleged that Boxwood Hotels LLC fired a transgender housekeeper who complained that a supervisor repeatedly misgendered them and made anti-transgender statements, referring to the housekeeper as a 鈥渢ransformer鈥� and 鈥渋t.鈥�

Another suit alleged that Wendy鈥檚 franchisee Starboard Group, Inc. subjected three transgender employees to pervasive sexual harassment at a Wendy鈥檚 restaurant in Carbondale, Illinois, claiming a supervisor demanded to know if one employee had a penis. In another Illinois case, a transgender Reggio鈥檚 Pizza cashier at Chicago O鈥橦are International Airport was 鈥渙uted鈥� by her manager, called a racist, homophobic slur by coworkers, and fired when she complained. In southern Illinois, at a hog farm called Sis-Bro, Inc., a coworker allegedly exposed his genitals to a transgender employee and touched her breasts.

And in Santa Clara, California, the EEOC charged that a Lush Handmade Cosmetics store manager sexually harassed three gender nonconforming employees with 鈥渙ffensive physical and verbal sexual conduct.鈥�

Former EEOC General Counsel and Professor and Co-Dean Emeritus at Rutgers Law School David Lopez, who served in the agency for more than 20 years, on Friday said in his experience, the EEOC has never dismissed cases based on substance rather than merit 鈥� until now.

For the country鈥檚 anti-discrimination agency 鈥渢o discriminate against a group, and say, 鈥榃e鈥檙e not going to enforce the law on their behalf鈥� itself is discrimination, in my view,鈥� Lopez said. 鈥淚t鈥檚 like a complete abdication of responsibility.鈥�

The EEOC鈥檚 requests to dismiss the cases come just weeks after Trump of the five-member EEOC before their terms expired, an unprecedented decision that removed what would have been a major obstacle to his administration efforts to upend interpretation of the nation鈥檚 civil rights laws. Had the commissioners been allowed to carry out their terms, the EEOC would have had a Democratic majority well into Trump鈥檚 term. The administration also fired Karla Gilbride as the EEOC鈥檚 general counsel, replacing her with Andrew Rogers as acting counsel.

Shortly after their dismissals, acting EEOC chair Andrea Lucas, a Republican, signaled her intent to put the agency鈥檚 resources behind enforcing Trump鈥檚 executive order on gender. She announced in a statement that one of her priorities would be 鈥渄efending the biological and binary reality of sex and related rights.鈥� Later, she ordered that the EEOC would continue accepting any and all discrimination charges filed by workers, although complaints that 鈥渋mplicate鈥� Trump鈥檚 order should be elevated to headquarters for 鈥渞eview.鈥�

鈥淏iology is not bigotry. Biological sex is real, and it matters,鈥� Lucas said in her statement. 鈥淪ex is binary (male and female) and immutable. It is not harassment to acknowledge these truths 鈥� or to use language like pronouns that flow from these realities, even repeatedly.鈥� She removed the agency鈥檚 鈥減ronoun app,鈥� which allowed employees to display their pronouns in their Microsoft 365 profiles, among other changes.

The EEOC in fiscal year 2023 received more than alleging discrimination based on sexual orientation or gender identity, 鈥渢he most since the agency started tracking these charges in FY 2013, and up more than 36% from the previous year,鈥� according to the agency鈥檚 website, which also provides a link for more information on discrimination based on sexual orientation or gender identity. But the information appears to have been removed and the link now leads to a blank page with the message: 鈥淭he requested page could not be found.鈥�

Jocelyn Samuels, one of the Democratic EEOC commissioners who was fired last month, said via email that Trump鈥檚 executive order and the EEOC鈥檚 response to it 鈥渋s truly regrettable.鈥�

鈥淭he Administration鈥檚 efforts to erase trans people are deeply harmful to a vulnerable community and inconsistent with governing law,鈥� she said.

Sarah Warbelow, vice president of legal at LGBTQ+ rights group Human Rights Campaign, added in an emailed statement: 鈥淭his is the inevitable outcome when the EEOC is weaponized to greenlight discrimination against American workers.

鈥淚nstead of standing up for the rights of everyone to a workplace free from discrimination, including harassment and bias, the Trump administration is making it abundantly clear they will not protect working people.鈥�