AG Coalition Responds to Major Change in Federal Employment and Education Guidelines

Nashville – In a letter to President Joe Biden, Attorney General Herbert H. Slatery III, along with 20 other state attorneys general, expressed their opposition to illegal regulatory guidelines recently released by the Equal Opportunities Commission. Employment (EEOC) and the US Department of Education. The new guidelines attempt to force sweeping changes on nearly every employer and school in the country. The letter states: “By going unilaterally forward with these radical diktats”, the administration “undermines the rule of law and undermines the legitimacy of these executive agencies”.

In the letter, the attorneys general oppose the contempt of federal agencies for procedural guarantees and democratic accountability in their interpretation and application of Bostock v. Clayton County. Instead of involving states, localities and stakeholders, the EEOC and the Ministry of Education have instead chosen to ignore the rule of law and have prevented the public from informing and participating in the process. regulatory process. Yet, as the attorneys general write, “Americans are not passive recipients of the law, but rather active participants in the process of its creation and revision.”

On June 15, without the approval of other Commissioners or the public, the President of the EEOC issued technical guidelines dictating that employers cannot protect the privacy of their employees and their ability to use washrooms or toilets. gender-specific changing rooms. Guidance is based on Bostock, although the restrictive Supreme Court ruling on employment discrimination explicitly refrains from dealing with “gender-separated bathrooms, changing rooms and dress codes”.

Likewise, go far beyond Bostock, the Department of Education announced on June 16 that Title IX, a federal law that prohibits discrimination based on sex in any school or education program receiving federal funds, also protects students against discrimination based on sexual identification and gender identity. Schools will no longer be allowed to maintain the privacy of middle school and high school students by ensuring they can use gender-appropriate showers, changing rooms and toilets, according to the Education Ministry. “It is a matter of concern to millions of students and parents who appreciate the availability of private facilities for bathing and changing at school,” write the attorneys general.

The group also responds to the agencies’ claim that the use of biologically accurate pronouns could break the law: “When it comes to pronouns, the EEOC guidelines appear to be an effort to leverage the authority of the federal government to cool protected speeches disadvantaged by your administration. “

“Federal agencies do not have the power to unilaterally change laws. It is the exclusive prerogative of Congress, ”General Slatery said. “Actions like these exclude the voices, votes and participation of the people and their representatives, which is neither fair nor constitutional.”

The letter was led by Attorney General of Tennessee Herbert H. Slatery III and signed by the Attorneys General of: Alabama, Alaska, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Texas and West Virginia.

To read the letter, click here: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/pr/2021/pr21-23-letter.pdf

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# 21-23: AG Coalition Responds to Major Change in Federal Employment and Education Guidelines


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