The federal government is moving aggressively to dismantle workplace protections for LGBTQ+ employees. On January 20, 2025, President Donald Trump issued an executive order titled “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This directive orders all federal agencies to recognize only two biological sexes—male and female—and to eliminate any policies or materials acknowledging gender identity as separate from biological sex.
In response to this executive order, the Equal Employment Opportunity Commission (EEOC) has already begun rolling back protections for LGBTQ+ workers. On January 31, 2025, the EEOC announced that all discrimination charges related to sexual orientation and gender identity will now be sent to national headquarters for review. The agency stated that these cases must comply with the executive order “to the fullest extent possible.” This centralization of cases will likely lead to fewer investigations and dismissals of complaints that would have previously been considered valid under federal law.
The EEOC also signaled its intention to rescind or revise anti-harassment guidance that explicitly protected LGBTQ+ employees. This shift in policy could mean that employers will no longer be required to accommodate gender identity in the workplace. It could also result in fewer consequences for companies that engage in discriminatory practices against LGBTQ+ employees. Employers who have resisted diversity and inclusion efforts in the past may now feel emboldened to scale back or eliminate protections they previously recognized.
For LGBTQ+ employees, this is a direct attack on workplace rights. The federal government is retreating from its role in ensuring that employees are treated fairly regardless of sexual orientation or gender identity. This change will make filing complaints, proving discrimination, and seeking justice through federal agencies potentially harder. However, it is crucial to remember that federal law is not the only source of workplace protections. State and local laws remain strong and enforceable, particularly in jurisdictions like New York State and New York City. Employees must understand their rights under these laws and take action to protect themselves.
How the Executive Order Undermines LGBTQ+ Protections
The executive order instructs all federal agencies to eliminate references to gender identity in their policies and guidance. As a result, transgender and non-binary employees may no longer be protected under federal anti-discrimination laws. The EEOC’s decision to revise its enforcement guidance will likely remove previous protections that explicitly included sexual orientation and gender identity under Title VII of the Civil Rights Act.
This shift in federal policy also targets workplace accommodations. Employers may no longer be required to respect employees’ gender identities regarding pronouns, uniforms, or access to restrooms and other sex-segregated facilities. Under the new directive, an employer may claim that restricting restroom access based on biological sex is legally permissible. This could force transgender employees to use restrooms that do not align with their identity, exposing them to increased risk of harassment and violence.
Religious exemptions are also likely to be more prominent in workplace discrimination cases. The executive order prioritizes the protection of religious beliefs over the rights of LGBTQ+ employees. Employers who do not wish to accommodate LGBTQ+ workers may attempt to justify discrimination by citing religious objections. This could affect hiring decisions, workplace policies, and the ability of LGBTQ+ employees to challenge discriminatory treatment.
The EEOC has already taken steps to limit its role in enforcing LGBTQ+ protections. In addition to reviewing all complaints through its national headquarters, the agency has removed fact sheets and guidance documents from its website that previously informed employees of their rights. These changes signal that the EEOC intends to take a less active role in protecting LGBTQ+ workers from discrimination.
State and Local Protections Remain Strong in New York
Despite these federal rollbacks, LGBTQ+ employees in New York State remain protected under state law. The New York State Human Rights Law (NYSHRL) explicitly prohibits discrimination in employment based on sexual orientation and gender identity. Employers in New York are legally required to treat all employees equally, regardless of how federal agencies interpret Title VII.
New York’s laws guarantee that LGBTQ+ employees cannot be fired, demoted, harassed, or denied opportunities because of their sexual orientation or gender identity. The law also ensures employers must provide access to restrooms and facilities consistent with an employee’s gender identity. Any attempt by an employer to deny these fundamental rights would be considered unlawful under state law.
New York’s Gender Expression Non-Discrimination Act (GENDA) further strengthens protections for transgender and non-binary individuals. Passed in 2019, GENDA explicitly recognizes gender identity and expression as protected characteristics under the law. Even if the EEOC refuses to investigate discrimination claims, employees in New York can file complaints with the New York State Division of Human Rights (NYSDHR).
New York City Enforces Even Stronger Protections
Even broader anti-discrimination laws protect employees in New York City. The New York City Human Rights Law (NYCHRL) is one of the most expansive in the country, providing explicit protections for LGBTQ+ workers. Employers in the city must respect an employee’s chosen name and pronouns and cannot enforce policies restricting restroom access based on biological sex. These protections remain intact regardless of changes at the federal level.
The New York City Commission on Human Rights is responsible for enforcing these laws and has the authority to investigate discrimination claims independently of the EEOC. If an employer violates the rights of an LGBTQ+ employee, they can face significant legal consequences under city law. Employees who experience discrimination in New York City have multiple avenues for seeking justice, even if the federal government no longer considers their claims valid.
What LGBTQ+ Employees Should Do Now
With the federal government rolling back protections, it is more important than ever for employees to understand their rights under state and local laws. LGBTQ+ workers should not assume that they are unprotected simply because federal agencies have become less willing to enforce anti-discrimination laws. Legal protections still exist, but employees must proactively defend their rights.
Employees who experience discrimination should document all incidents thoroughly. Keeping records of emails, conversations, and workplace interactions will be crucial in proving a claim under state or city law.
Seeking legal representation is also critical. Federal rollbacks do not mean that LGBTQ+ employees are powerless, but navigating these changes will require astute legal guidance. An experienced employment attorney can help employees understand their rights, file complaints, and hold employers accountable under state and local laws.
The Fight is Not Over
The federal government’s efforts to undermine LGBTQ+ workplace protections are alarming, but they do not erase legal rights at the state and local levels. New York remains one of the strongest jurisdictions for LGBTQ+ worker protections, and employers in the state must continue to comply with these laws. Employees should remain vigilant, act when discrimination occurs, and seek legal assistance to ensure their rights are fully enforced.
For anyone who has been a target of workplace discrimination in New York, working with a qualified and knowledgeable attorney is often the best course of action for effectively addressing these issues. At Risman & Risman, we offer adept legal help for those facing workplace discrimination. Our team can provide you with specialized legal services for your issues. Call us today at 212-233-6400 to schedule a free initial consultation with our team.