A federal judge has paused a Biden administration policy, ruling that a federal agency overstepped its authority by attempting to redefine “sex” through internal guidance rather than legislation.
The decision blocks Equal Employment Opportunity Commission guidance that sought to include gender identity and expression under existing federal employment law. The court found that such a shift amounts to lawmaking, a power reserved for Congress.
The ruling focuses narrowly on process and separation of powers, not on the broader policy debate. Supporters see it as a check on administrative overreach, while critics warn it could weaken protections for transgender workers.
The case highlights growing judicial scrutiny of agencies that use guidance documents to enact substantive legal change.
