The EEOC isn’t defanged, yet – Mary T. O’Sullivan

By Mary T. O’Sullivan, MSOL

U.S. Equal Employment Opportunity Commission (EEOC) Acting Chair Andrea Lucas announced that the agency is returning to its mission of protecting women from sexual harassment and sex-based discrimination in the workplace by rolling back the Biden administration’s gender identity agenda. – EEOC Website

Under the guise of “protecting women”, the current EEOC leadership has reignited the ever controversial “bathroom” discussions. This decision is clearly aimed at the transgender community and is an attempt to “out” or humiliate transgender people in public settings. Today, most public places, including airports, arenas, concert venues, theaters, etc.  have  gender neutral “family” lavatory areas, however, transgender people have been singled out and generally banned from certain lavatories even in the hallowed halls of our federal government. The Executive Order signed by the President, while chilling, is basically meaningless because public accommodations for transgender individuals have already been in place over the last several years.

Most notably, Congressional leaders have been making hay with this issue, even when there is really no need. According to the Pew Research Center, “Thirteen members of the 119th Congress are openly lesbian, gay, bisexual, transgender or queer (LGBTQ), according to their analysis of official biographies, news reports and candidate databases. This total includes Congress’ first openly trans member,” Democratic Rep. Sarah McBride of Delaware. Rep. McBride specifically has been banned from women’s facilities as in a public announcement from House Speaker Mike Johnson, indicating that House policy in January 2025 would ban transgender women from using facilities — like bathrooms and locker rooms — that do not correspond with the sex they were assigned at birth.”  And as quoted by  Philadelphia Public Radio, WHYY, the Speaker failed to mention how the policy would be enforced.

And Speaker Johnson covered himself well by including in his announcement a caveat stating that “each member has their own private restroom facilities and there are numerous unisex restrooms throughout the Capitol Complex”. Really? Then was the ban necessary in the first place, or was this more red meat (or more accurately, more red herring) to be tossed to the allay the unfounded fears of a few? What was the purpose of Representative Nancy Mace introducing actual legislation banning trans people to the same end?

For HR professionals, this changes nothing, for now. Most businesses already have unisex lavatories (especially most small bars and restaurants). Many European countries, the Nordic countries in particular, already provide unisex facilities as a matter of course. And if you are in a restroom in Europe, the attendant is most likely to be of the opposite sex. As Rick Steves says in his European Toilet Tricks to Know Before You Go, “The female attendants who seem to inhabit Europe’s WCs are a popular topic of conversation among male tourists. Sooner or later, you’ll be minding your own business at the urinal, and the lady will bring you your change or sweep under your feet. Yes, it is distracting, but you’ll just have to get used to it — she has. (Women may also see male employees attending to restroom maintenance.) When the “bathroom” controversy is looked at globally, we Americans seems rather prudish, unsophisticated, and narrow minded.

HR professionals only need to continue to provide fair and equitable treatment to all employees regardless of their differences. The lawsuits will be chugging down the track, and your organization doesn’t want to be hit by the oncoming train.

“This effort to distract from the real issues facing this country hasn’t distracted me over the last several days, as I’ve remained hard at work preparing to represent the greatest state in the union come January,” – Rep. Sarah McBride (D) Delaware

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Mary T. O’Sullivan, Master of Science, Organizational Leadership, International Coaching Federation Professional Certified Coach, Society of Human Resource Management, “Senior Certified Professional. Graduate Certificate in Executive and Professional Career Coaching, University of Texas at Dallas.

Member, Beta Gamma Sigma, the International Honor Society.

Advanced Studies in Education from Montclair University, SUNY Oswego and Syracuse University.

Mary is also a certified Six Sigma Specialist, Contract Specialist, IPT Leader and holds a Certificate in Essentials of Human Resource Management from SHRM.