A federal judge in Texas has invalidated a non-binding guidance issued unilaterally by Chairwoman Charlotte Burrows of the Equal Employment Opportunity Commission (EEOC) regarding LGBTQ rights in the workplace. The guidance, issued in June 2021, advised that employees must be allowed to use a restroom that corresponds with their gender identity and that regularly using a ‘wrong pronoun’ with as transgender worker may be unlawful and could be found to be illegal harassment. Because the EEOC is still a republican-majority agency, the chairwoman believed the guidance would not be approved, so she issued it on her own. The state of Texas filed suit in federal court in Amarillo and challenged the validity of the guidance. On October 1, the court ruled that the guidance was invalid for a number of reasons: it was issued unilaterally and not voted on by the full commission; further that the public was given no notice or comment period as required; and finally, that it exceeded the scope of Bostock vs Clayton County, GA, a 6-3 Supreme Court decision finding that employment discrimination based on sexual orientation or gender identity violated Title VII of the Civil Rights Act of 1964. Given the breath of the decision, one can anticipate a likely appeal of the decision by the government, so stay tuned.