TBA Law Blog


Posted by: Julia Wilburn on May 14, 2024

Tennessee Attorney General Jonathan Skrmetti on Monday filed a lawsuit against the Equal Employment Opportunity Commission (EEOC) alleging federal agency overreach. The lawsuit claims that new sexual harassment guidance from the EEOC "unlawfully extends Title VII’s protections against sex-based discrimination to cover gender identity." The Tennessean reports that under the guidelines, an employer could be held liable under Title VII of the Civil Rights Act — which prohibits employment discrimination — if they (1) don't allow employees access to bathrooms consistent with their gender identity, (2) repeatedly and intentionally refer to an employee with pronouns inconsistent with their gender identity or (3) harass an employee because they dress or appear differently than the way typically "associated with that person’s sex."