Freestate Justice (Freestate), a legal services non-profit organization that provides free legal services to LGBTQ+ individuals, filed a lawsuit in the United States District Court for the District of Maryland alleging that following Trump’s issuance of an Executive Order declaring it was the policy of the United States to recognize two sexes, male and female, that the EEOC had “ceased processing charges related to sexual orientation and gender-identity discrimination including harassment.” The EEOC subsequently resumed processing charges related to gender identity discrimination in “hiring, firing and promotion” but has not resumed processing charges of gender-identity related harassment or retaliation.
Freestate argued, among other things, that EEOC’s policy of selectively investigating gender identity charges (the Policy) deprived transgender workers of their right to have their claims investigated and to avail themselves of Title VII’s protections against discrimination. Freestate sought a declaratory judgment that the Policy was unconstitutional and a permanent injunction.
The EEOC filed a motion to dismiss arguing that Freestate lacked standing to challenge its authority to set its enforcement priorities. On June 12, 2026, the court granted the motion holding that “[w]hile deeply troubling, the Court agrees with Defendants that the EEOC’s decision to alter its investigations of gender identity discrimination claims constitutes a discretionary decision over which the Court lacks authority to review.”
