I will cut to the meat of this 2/26/26 EEOC decision....
www.eeoc.gov/sites/default/files/2026-02/2025003976.pdfOur decision, however, applies only to federal agencies subject to the E.E.O.C.’s administrative complaint process for federal employees. It does not apply to any other type of employer, including private sector employers. And our decision does not bind any federal court.
In 2015, a majority of the E.E.O.C.’s then- Commissioners held federal agencies “must allow [trans-identifying employees] access to the . . . [opposite sex] restroom.” Lusardi v. Dep’t of the Army, EEOC Appeal No. 0120133395, 2015 WL 1607756, at *8 (Apr. 1, 2015).
Having established that under Title VII employers may in general maintain single-sex bathrooms and similar intimate spaces, we ask whether the statute would compel them to make a specific exception for trans-identifying employees. We think no.
Within the EEOC’s administrative complaint process, that an employee is excluded from an opposite sex bathroom or similar intimate space does not by itself state a plausible claim for relief under Title VII.
If Jasn works for a federal agency, Judge Judy should be contacted to watch the bathroom entrances.
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