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Bostock, Executive Orders, and the Evolving Framework for Gender Identity Discrimination: Takeaways From the ABA ERR Conference

At the ABA Employment Rights and Responsibilities Midwinter Meeting, panelists examined the EEOC’s recent Selina S. v. Driscoll decision, which reinterprets Title VII to allow federal agencies to restrict transgender employees from gender‑aligned facilities, overturning the 2015 Lusardi precedent. The ruling, issued along party lines, defines sex as immutable and relies on a Trump executive order rather than established legal authority, prompting sharp criticism from former EEOC officials. Despite the federal shift, Connecticut’s state law continues to prohibit gender‑identity discrimination, and the Supreme Court’s Bostock holding remains intact. Practitioners were advised to focus on respectful workplace policies rather than navigating uncertain regulatory changes.