National
The joy of giving
Fleming finds meaningful work directing Bohnett Foundation’s LGBT grants
Michael Fleming spent a lot of time on planes last week.
After leaving his home in Los Angeles, he flew to Boston to attend a dinner for LGBT officials receiving leadership training at the Harvard Kennedy School of Government.
On Friday, he traveled to D.C. to speak with Latino college students taking part in a Capitol Hill internship program with the Congressional Hispanic Caucus Institute. Before the day was out, he was on his way to New York to visit the city’s LGBT Community Center.
But for Fleming, who serves as executive director of the David Bohnett Foundation, the busy travel schedule isn’t unusual. He told the Blade he travels about 50 percent of the time for work.
“It’s totally valuable if you realize at the end of that flight, you’re meeting with really impressive and interesting people doing important work,” he said.
In the position he’s held since 2000, Fleming is charged with decision-making and oversight for grants that gay billionaire philanthropist David Bohnett makes to social justice causes through the foundation he chairs.
For 2010, Fleming estimates the Bohnett Foundation’s total amount of donations will top $5 million. Among the causes that are a priority for the organization are LGBT rights, gun control and the arts. Even animal language research gets a cut.
But donations to LGBT causes, Fleming said, land the most money, accounting for about 65 to 70 percent of the organization’s annual donations. Fleming noted that LGBT work is important for the foundation because such efforts are “very personal” for him and Bohnett, who are both gay.
“I think we’re passionate about it because it’s our lives and our rights and I think, as a funder, it’s the most important work we can be doing,” Fleming said.
Fleming said organizations that are working to advance same-sex marriage in the wake of Proposition 8 have been a priority for the Bohnett Foundation.
Funds are being directed to Equality California, the National Center for Lesbian Rights and Lambda Legal, he noted, as well as toward the ongoing legal battles and public education campaigns in California.
“So if this matter comes up on the ballot again, you’ve laid groundwork for victory next time,” Fleming said.
Fleming married his spouse, the Cuban-born Los Angeles Superior Court Judge Luis Lavin, in October 2008 when same-sex marriage was briefly legal in California.
After marriage rights for gay couples were taken away following the passage of Prop 8, Fleming said the measure’s success was “poignant for everyone who got married” before its passage.
“We realized how lucky we were to be able to [get married], but I think it’s especially poignant realizing that so many of our friends and colleagues now do not have the ability to do the same thing we did,” he said.
In addition to supporting groups working specifically to advance same-sex marriage, Fleming said the Bohnett Foundation provides funding to just about every national LGBT group, including the Human Rights Campaign.
In particular, Fleming said the foundation is a major contributor to HRC’s Historically Black Colleges & Universities Program, which educates students in leading viable LGBT programs on campus.
“It’s been another program that gets young people — those who are [attending] historically black colleges and universities — to come to D.C.,” Fleming said. “There’s training that they go through. They learn about the political process; they learn how to take those skills back to the campus.”
Michael Cole, an HRC spokesperson, said the “continued generosity” of the Bohnett Foundation has enabled the program for seven years to “combat homophobia and intolerance on campuses where they too often run rampant.”
“When we started the program, there was only a single campus with an LGBT student group and now we work to support 26 such groups at [historically black colleges and universities],” Cole said.
The Bohnett Foundation has also provided many local LGBT community centers throughout the country with cyber centers, or areas where LGBT people can access computers and the Internet free of charge. Fleming estimated that the foundation has provided funds and equipment for more than 70 cyber centers throughout the country.
“Some are in big cities, but there others that are in medium-sized cities, or smaller places,” he said.
The D.C. Center is among the facilities to receive a cyber center from the Bohnett Foundation.
David Mariner, executive director of the Center, said the donation of six new computers, a flatbed scanner and a color laser printer has been a very important part of the D.C. Center.
“What the cyber center does is give people an opportunity to access the Internet and find out about resources in the community that are available to them,” he said.
Mariner said the cyber center has been integral to the D.C. Center’s career development program and has allowed local LGBT residents to work on their resumes and job searches.
Political giving
Fleming wears another hat, serving as Bohnett’s political director and advising him on political candidates that would advance LGBT rights and social justice causes.
A major donor to the Democratic Party, Bohnett last year donated $30,400 to the Democratic National Committee, according to Federal Election Commission reports. Other donations have gone to the few Democratic candidates that could take Republican seats this fall, including a $2,000 contribution to Missouri Secretary of State Robin Carnahan, who’s seeking to become the state’s next U.S. senator.
Other recipients of Bohnett’s donations are gay congressional candidates. Bohnett gave Steve Pougnet in California, the mayor of Palm Springs who’s running for Congress, $4,800 last year. David Cicilline in Rhode Island, the mayor of Providence who’s running for Congress, received $2,400.
Fleming said donations to the gay congressional candidates are important for Bohnett because they “stand a very good chance” of winning their races.
“We’ve long been … supporters of the [Gay & Lesbian] Victory Fund,” Fleming said. “It’s been one of the chief tenets of the Victory Fund that it’s really terrific to have friends, but it’s even better to have folks from our own community elected.”
Although there has been criticism that the Obama administration and Congress have not moved quickly enough on pro-LGBT legislation, Fleming said this perceived lack of progress hasn’t been a factor in his advice as Bohnett’s political director.
“I don’t just say, ‘Well, this administration may have let us down on this item,’” Fleming said. “I look at things in totality [and say], ‘Well, they may have succeeded here and succeeded there.’”
Sean Theriault, a gay government professor at the University of Texas, Austin, said even donating $30,000 to the Democratic National Committee in the grand scheme is “small potatoes.”
“Now, if he bundles that money with other ‘gay money,’ it gives him just that much more clout,” Theriault said. “What it probably buys him is access to politicians who are already supportive of the gay rights agenda.”
While he wears two hats, Fleming said that Bohnett’s donations to political candidates and the foundation’s contributions to social justice causes are really one-and-the-same mission.
“At the end of the day, those things are all tied together,” Fleming said. “What he believes in when he gives money to really terrific non-profit programs are also things that he would care about our elected leaders paying attention to.”
‘Relationships are primary’
While the fruits of contributing to candidates and campaigns are difficult to witness firsthand — except on election night or when pro-LGBT bills become law — keeping an eye on work resulting from the foundation’s contributions is a different story.
Fleming was able to witness such work upon his visit to the Congressional Hispanic Caucus Institute, where about 30 Latino college students last week gathered to hear from various speakers as part of their internship program.
As part of a $25,000 grant, the Bohnett Foundation paid for two Latino college students to attend the internship program: Jefrey Valasquez from Mount Saint Mary College in New York, and Rolando Rodriguez from Columbia University.
Waiting at the event for his turn to speak, Fleming was dressed in a summer grey suit, sensible attire for the 100-degree temperatures. Behind his silver spectacles was a face bronzed with a California tan.
When his turn to speak came, Fleming introduced himself to the students and noted how impressed he was with the students’ resumes. An organizer said that only 30 out of 396 applicants were accepted.
Fleming described the students as people who have already achieved much. He advised them to focus on the relationships they build over the course of their careers.
“My sense is that everything in life is about relationships,” Fleming said. “Relationships are primary; everything else is secondary.”
As an example, Fleming recounted that he first knew Bohnett as someone who worked out at his local gym in Los Angeles. That relationship ultimately landed him a position running the foundation.
Fleming also recalled how Bohnett in 1999 closed a huge deal after GeoCities — an early social networking website he founded — was sold to Yahoo for about $3 billion. A few months after the sale, Fleming said Bohnett invited him for breakfast after a workout.
“It was the worst restaurant,” Fleming recalled. “You made $3 billion. Why’d he take me to this dump?”
Fleming said Bohnett asked him to help him give away his money and wrote down on a napkin the social justice causes deserving of donations.
“He says, ‘I got $4 billion. Do you want to help me?’” Fleming said. “Something’s telling me go to the gym more often.”
Since he accepted the position, Fleming said the Bohnett Foundation has made donations to various causes, including leadership-training programs like the one in which the students attending the event were engaged.
Fleming said he takes particular pride in the Bohnett Foundation’s contributions to the Latino internship program because the Latino community often goes unfunded by other foundations. He noted that the average allocation of philanthropic dollars to non-Latinos per year is $62, while those in the Latino community receive around $4.20.
“Some of these foundations are not paying attention,” Fleming said. “I’m going to go out and rely on all of you to go out there and pay attention. Those numbers have to increase. There’s no excuse why they won’t.”
Fleming also stressed the importance of minority groups, including LGBT people, realizing that they’re part of a common coalition.
Recalling the fight in 2008 over Prop 8, Fleming said those advocating for the California measure sought to disrupt the coalition of traditionally progressive groups.
“And folks who don’t [want] people like me to get married — when they have to go look for a community that they thought would be their friend and vote against [Prop] 8, who’d they target?” Fleming asked the audience.
One of the students responded, “African Americans.”
“And?” Fleming asked.
“Latinos,” said another student.
“And they spend ridiculous sums of money trying to have a conversation in the Latino communities,” Fleming said. “The good news is that at end of the day, there was this poll out in the past week about marriage equality in California, and they’re the one minority community that’s over 50 percent in favor of it.”
Fleming said that those who care about LGBT civil rights are the same people who care about other people’s civil rights.
“The same folks who want to target you guys against me are the same ones that paint me as a middle-aged white guy and say, ‘Oh, you should [vote] this way on immigration,’” Fleming said. “They will break us up, they will target us. They will split us any way they can. Our communities, whatever communities we think we belong to, are much bigger than just one group, just one small group.”
Fleming said touring the country to see the benefits of his work is “overwhelming” because it’s far more informative than looking at grant reports.
“I think when you’re funding something,” he said, “especially an internship, especially something that involves young people, nothing compares to meeting them and hearing their stories and hearing what they learned working in Washington for the summer.”
Federal Government
Top Democrats reintroduce bill to investigate discrimination against LGBTQ military members
Takano, Jacobs, and Blumenthal sponsored measure
Multiple high-ranking members of Congress reintroduced the Commission on Equity and Reconciliation in the Uniformed Services Act into the U.S. House of Representatives and the U.S. Senate, aiming to establish a commission to investigate discriminatory policies targeting LGBTQ military members.
Three leading Democratic members of Congress — U.S. Rep. Mark Takano (D-Calif.), who is the House Veterans’ Affairs Committee’s ranking member and chairs the Congressional Equality Caucus; U.S. Sen. Richard Blumenthal (D-Conn.), who is the Senate Veterans’ Affairs Committee’s ranking member; and U.S. Rep. Sara Jacobs (D-Calif.) — introduced the bill on Tuesday.
The bill, they say, would establish a commission to investigate the historic and ongoing impacts of discriminatory military policies on LGBTQ servicemembers and veterans.
This comes on the one-year anniversary of the Trump-Vance administration’s 2025 Executive Order 14183, titled “Prioritizing Military Excellence and Readiness,” which essentially banned transgender servicemembers from openly serving in the Armed Forces, leading to the forced separation of thousands of capable and dedicated servicemembers.
In a joint statement, Takano, Blumenthal, and Jacobs shared statistics on how many service members have had their ability to serve revoked due to their sexual orientation:
“Approximately 114,000 servicemembers were discharged on the basis of their sexual orientation between WWII and 2011, while an estimated 870,000 LGBTQ servicemembers have been impacted by hostility, harassment, assault, and law enforcement targeting due to the military policies in place,” the press release reads. “These separations are devastating and have long-reaching impacts. Veterans who were discharged on discriminatory grounds are unable to access their benefits, and under the Trump administration, LGBTQ+ veterans and servicemembers have been openly persecuted.”
The proposed commission is modeled after the Congressional commission that investigated and secured redress for Japanese Americans interned during World War II. Takano’s family was among the more than 82,000 Japanese Americans who received an official apology and redress payment under that commission.
The press release notes this is a major inspiration for the act.
“Qualified servicemembers were hunted down and forced to leave the military at the direction of our government,” said Takano. “These practices have continued, now with our government targeting transgender servicemembers. The forced separation and dishonorable discharges LGBTQ+ people received must be rectified, benefits fully granted, and dignity restored to those who have protected our freedoms.”
“LGBTQ+ servicemembers have long been the target of dangerous and discriminatory policies—resulting in harassment, involuntary discharge, and barriers to their earned benefits,” said Blumenthal. “Establishing this commission is an important step to understand the full scope of harm and address the damage caused by policies like ‘Don’t Ask, Don’t Tell.’ As LGBTQ+ servicemembers and veterans face repugnant and blatant bigotry under the Trump administration, we will keep fighting to secure a more equitable future for all who serve our country in uniform.”
“Instead of righting wrongs and making amends to our LGBTQ+ service members and veterans who’ve suffered injustices for decades, I’m ashamed that the Trump administration has doubled down: kicking trans folks out of the military and banning their enlistment,” said Jacobs. “We know that LGBTQ+ service members and veterans have faced so much ugliness — discrimination, harassment, professional setbacks, and even violence — that has led to unjust discharges and disparities in benefits, but we still don’t have a full picture of all the harm caused. That needs to change. That’s why I’m proud to co-lead this bill to investigate these harms, address the impacts of discriminatory official policies like ‘Don’t Ask, Don’t Tell’ and the transgender military ban, and ensure equity and justice for our LGBTQ+ service members and veterans.”
Takano and Jacobs are leading the bill in the House, while Blumenthal is introducing companion legislation in the Senate.
Takano’s office has profiled and interviewed LGBTQ servicemembers who were harmed by discriminatory policies in the uniformed services.
The Commission on Equity and Reconciliation in the Uniformed Services Act is supported by Minority Veterans of America, Human Rights Campaign, Equality California, SPARTA, and the Transgender American Veterans Association.
In recent weeks, thousands of trans military members were forcibly put into retirement as a result of Trump’s executive order, including five honored by the Human Rights Campaign with a combined 100 years of service, all due to their gender identity: Col. Bree B. Fram (U.S. Space Force), Commander Blake Dremann (U.S. Navy), Lt. Col. (Ret.) Erin Krizek (U.S. Air Force), Chief Petty Officer (Ret.) Jaida McGuire (U.S. Coast Guard), and Sgt. First Class (Ret.) Catherine Schmid (U.S. Army).
Multiple career service members spoke at the ceremony, including Takano. Among the speakers was Frank Kendall III, the 26th U.S. Air Force secretary, who said:
“We are in a moment of crisis that will be worse before it is better. Members of my father’s and mother’s generation would ask each other a question: what did you do during the war? Someday we will all be asked what we did during this time. Please think about the answer that you will give.”
Uncloseted Media published this article on Jan. 24.
This story was produced with the support of MISTR, a telehealth platform offering free online access to PrEP, DoxyPEP, STI testing, Hepatitis C testing and treatment and long-term HIV care across the U.S. MISTR did not have any editorial input into the content of this story.
This story talks about addiction and substance use. If you or someone you know needs help, resources can be found here.
By SAM DONNDELINGER | In 2015, on the patio of Nowhere Bar, a queer nightclub in Louisville, Ky., music pulsed and bodies pressed as 23-year-old Lucas Pearson moved through the flashing lights and a blur of grinding limbs.
“I just randomly started talking to this guy,” he recalls. “He had this little spoon on a necklace, scooped out a hit of white powder, and handed it to me.”
Pearson sniffed it. Euphoria washed over him, time began to slow and the dancing bodies faded into a soft haze. For more than 10 minutes, Pearson felt “entirely present.” His social anxiety, depression, and any sadness he was feeling melted away.
While Pearson wouldn’t use ketamine again for the next five years, he says the feeling of ease the drug gave him was always “in the back of [his] mind.” So when he tried it for a second time in 2020 at a farm in upstate Kentucky, he liked the way it felt to disassociate from his childhood trauma.
“We got really messed up that night on it, and I was like, ‘I love this. I’ve missed this,’” Pearson told Uncloseted Media. “‘And I’m ready for some more.’”
Over the next three years, Pearson began using every day. Working remotely in the health care industry, no one checked in on him as long as he got his work done. He used ketamine at nightclubs, social events, game nights with friends and, eventually, at home alone.
“I was actively hooked on it,” he says. “I didn’t wanna do much of anything other than find that dissociating feeling. I just kept chasing it.”
While evidence suggests that most psychedelics have a lower risk of addiction than other drugs, ketamine is an exception, in part because it affects dopamine levels. In a 2007 bulletin from the Multidisciplinary Association for Psychedelic Studies, one researcher noted that after ketamine was invented in 1962, it developed a “reputation for insidiously trapping those who really knew better.” As a dissociative drug, ketamine induces a sense of detachment from one’s body, producing a trance-like state marked by pain relief, amnesia, euphoria, and a distortion of reality.
Despite declines in the use of other recreational drugs such as cocaine, ecstasy and nitrous oxide, ketamine use continues to rise, with one study finding that use increased by 81.8 percent from 2015 to 2019 and rose another 40 percent from 2021 to 2022. That increase is driven in part by ketamine’s growing legitimacy as a treatment for depression, anxiety, OCD, trauma, and even addiction.
As a result, ketamine clinics have proliferated across the U.S. with relatively few guardrails. At least a thousand clinics now offer off-label ketamine treatments outside of FDA-approved protections. Many commercial providers advertise same-day appointments and “almost immediate results.”
Alex Belser, a psychologist who studies psychedelic use in the queer community, says ketamine use has become pervasive among gay men. A 2025 study found that gay and lesbian adults in the U.S. are almost four times more likely to use ketamine than their heterosexual counterparts, and a 2011 study from the U.K. found that queer men were over three times more likely than queer women to use the drug.
Belser thinks ketamine use is so popular among gay men in part because of the high rates of loneliness, rejection, and trauma they experience. “Ketamine is not inherently good or bad. When used thoughtfully with integrity, with good protocols, it can be a really helpful medicine. But if left unregulated, with the amount of access and normalization we have, it can lead to addiction, harm, isolation, and bad outcomes,” he says.
Belser believes health misinformation is fueling a misunderstanding among gay men about the actual harm the drug can cause. “The medical and clinical communities have failed people by not adequately telling them that ketamine can lead to addiction and problematic outcomes,” he says. “It can serve people, but it can also damage people.”
‘Happy people don’t do ketamine’
Part of the appeal of ketamine is that dissociative feelings can relieve depressive symptoms, making it alluring to those who have trauma or mental health disorders. While properly regulated treatment works for some people, psychiatrist Owen Bowden-Jones says that he senses “the vast majority [of those addicted] are using it to self-medicate for emotional distress.”
“I always wanted to numb out my past,” says Pearson. “For the longest time, I saw ketamine as a possible way out.”
Pearson, now 33, was raised in a conservative and religious family. When he came out as gay to his mom at 16, he cried so much that he couldn’t speak and had to write it on a piece of paper and hand it to her.
“She stormed out of the house and ended up calling every member of the family and outing me. So that was really painful,” he says. “My whole childhood, I did not feel like I could be who I knew I was.”
“So when I picked up drugs, it was definitely a thought in my mind: This life that I lived as a child, I don’t want to feel it anymore,” he says. “I just want to numb it.”
One study shows that gay men are over three times as likely to develop PTSD compared to their heterosexual counterparts. Trauma can be one event or a “long string of daily hurts, such as … homophobia, bullying, and time spent in the closet,” according to Chris Tompkins, a licensed family therapist who works with gay men. Research shows that people who experience trauma are more likely to have addiction issues.
J, a 33-year-old marketing researcher based in Los Angeles, says his ketamine use began casually in his early 20s in New York’s queer nightlife scene, where the drug circulated freely. What started as an occasional escape intensified during the pandemic, when isolation, depression, and easy access turned ketamine into a daily habit.
“There’s a pretty fair connection between feelings of not being normal and my ketamine addiction,” J told Uncloseted Media. “I was bullied for being more feminine. My sexuality was a subject of speculation and that forced me to close down. So something like a dissociative drug is appealing because it either allows me to continue those blocks or to bring down the barriers.”
“There was a night when I had done K for the first time in a while, and the next couple of days, I felt so good,” he says. “I felt like my depression had lifted, and that feeling of doubt and fear I’d had throughout my life was totally gone.”
After that night, J, who asked to use a first initial to protect his identity, started using ketamine daily to chase the feeling of euphoria and relief. He got a prescription for ketamine treatment therapy, but he says it wasn’t enough.
“There were days when I would go do an infusion of ketamine and I would do more at home on my own. If I have the ability to escape feelings, to numb feelings, I will go after that.”
Many ketamine clinics in the U.S. advertise ketamine therapy as a cure-all. For example, the online clinic Better U promises that ketamine therapy will help you say goodbye to “Trauma,” “Chronic Stress,” “Depression and Anxiety,” “OCD,” “PTSD” and “Grief.”
What the clinic doesn’t note on its landing page is the possibility of addiction, which is what happened to J. While a common dose of ketamine is between 30-75 mg, J began using multiple grams a day. He spent thousands of dollars a month on ketamine and began structuring his life around the drug. “It stopped being about going out or having fun,” he says. “It just became what I did day in and day out.”
“Happy people don’t do ketamine,” Tasha, who is in recovery from a six-year-long addiction, told Uncloseted Media. She first tried the drug for fun at 17, but it became a problem after her father died when she was 26. At her peak, she was taking six to nine grams every day and up to 24 grams over the weekends.
“The wheels just fell off,” she says. “It’s an escapism drug — of course people with more trauma will do it more. You want to forget about everything so you take it and then it stops becoming fun and you don’t want to see your friends anymore. You just stay in your home behind closed doors sniffing K to get out of your head.”
The physical consequences of ketamine
Tasha didn’t know that chronic ketamine use can cause inflammation, ulceration, and damage or scarring to the bladder, liver, kidneys, and gallbladder. After using it for six years, she checked herself into the intensive care unit.
“I was just writhing in pain from K cramps, like a sharp stabbing pain under your ribs,” she says. “The trouble is, nothing works to fix them. The only thing that helps is doing more K. I had no idea it was so painful,” says Tasha, adding that she’s seen four people die from ketamine addiction in the last three years.
“There were times in my use where I would be screaming in bed in the worst agony I’ve ever felt in my life,” J says. “The only thing that made the pain better was using more drugs. It got to the point that I needed to have some amount of K in my system to function.”
“There is a massive explosion of ketamine use and addiction,” Mo Belal, a consultant urological surgeon and an expert on the severe bladder and kidney damage caused by chronic ketamine abuse, told Uncloseted Media. “The trouble is, it’s impossible to treat bladder and kidney damage when people are still using.”
Belal says that for those seeking treatment, there are no specific ketamine rehabilitation programs in the U.S. “Addiction and pain management services need to be involved in healing from ketamine abuse, because the drug’s effects often require specialized support.”
Belal says that during a one-hour rehab session, someone experiencing severe ketamine-related bladder pain might need to leave every 20 minutes, making it difficult for the patient to stay engaged.
“We need more awareness,” he says. “We need more centers for ketamine rehabilitation.”
Education and awareness
While there is some research about the effects of ketamine, Belser could not point to any studies that focus on how the drug intersects with gay men experiencing trauma. “The community of ketamine researchers and prescribers has been naive historically in understanding the habit-forming properties of ketamine,” he says. “What are the effects of ketamine use, good or bad, for gay men experiencing trauma, lifelong discrimination, and family rejection? We don’t know, because critical research hasn’t been funded.”
The Drug Enforcement Administration classifies ketamine’s abuse potential as moderate to low, a designation that may contribute to limited public education about its risks, including dependence and long-term side effects. Many people who encounter ketamine on the dance floor think it’s a healthy alternative to alcohol because they believe it’s non-addictive and it doesn’t give you a hangover.
“I did think that it was pretty safe when I was using and I didn’t think it was going to be addictive,” Pearson says.
Pearson, who has been clean for two years, says it wasn’t until he reached out to a friend who had recovered from ketamine use that he began getting clean. “I saw how happy my friend was in recovery, how normal his life felt. … And I knew that was the life I wanted.”
Similarly, for J, he felt alone in his ketamine addiction. It wasn’t until he found a queer-centered substance rehab program in LA that he felt some hope.
“It helped patch some of the missing pieces to my experiences in treatment before,” he says. “I think that relapse is a part of every addict’s story and every recovery story. But I think my relapses indicated that I still had some unresolved trauma and deep wounds that I hadn’t been aware of yet. And I think being around queer people in recovery has been helpful for me to feel a lot more comfortable with myself.”
Today, J is in therapy, continuing to break down the walls of his childhood trauma. Pearson is in a 12-step program after doing intensive therapy in his first few months of sobriety to help “clear up a lot of traumatic things that happened” in his past.
“I finally realized how far I’d drifted from everyone in my life — my friends, my family, even myself,” Pearson says. “I was chasing this feeling of disappearance, and it almost cost me everything. If I hadn’t stopped when I did, I don’t think I’d still be here. Getting sober gave me my life back, and I don’t ever want to lose that again.”
Federal Government
Trump-appointed EEOC leadership rescinds LGBTQ worker guidance
The EEOC voted to rescind its 2024 guidance, minimizing formally expanded protections for LGBTQ workers.
The U.S. Equal Employment Opportunity Commission voted 2–1 to repeal its 2024 guidance, rolling back formally expanded protections for LGBTQ workers.
The EEOC, which is composed of five commissioners, is tasked with enforcing federal laws that make workplace discrimination illegal. Since President Donald Trump appointed two Republican commissioners last year — Andrea R. Lucas as chair in January and Brittany Panuccio in October — the commission’s majority has increasingly aligned its work with conservative priorities.
The commission updated its guidance in 2024 under then-President Joe Biden to expand protections to LGBTQ workers, particularly transgender workers — the most significant change to the agency’s harassment guidance in 25 years.
The directive, which spanned nearly 200 pages, outlined how employers may not discriminate against workers based on protected characteristics, including race, sex, religion, age, and disability as defined under federal law.
One issue of particular focus for Republicans was the guidance’s new section on gender identity and sexual orientation. Citing the 2020 U.S. Supreme Court’s Bostock v. Clayton County decision and other cases, the guidance included examples of prohibited conduct, such as the repeated and intentional use of a name or pronoun an individual no longer uses, and the denial of access to bathrooms consistent with a person’s gender identity.
Last year a federal judge in Texas had blocked that portion of the guidance, saying that finding was novel and was beyond the scope of the EEOC’s powers in issuing guidance.
The dissenting vote came from the commission’s sole Democratic member, Commissioner Kalpana Kotagal.
“There’s no reason to rescind the harassment guidance in its entirety,” Kotagal said Thursday. “Instead of adopting a thoughtful and surgical approach to excise the sections the majority disagrees with or suggest an alternative, the commission is throwing out the baby with the bathwater. Worse, it is doing so without public input.”
While this now rescinded EEOC guidance is not legally binding, it is widely considered a blueprint for how the commission will enforce anti-discrimination laws and is often cited by judges deciding novel legal issues.
Multiple members of Congress released a joint statement condemning the agency’s decision to minimize worker protections, including U.S. Reps. Teresa Leger Fernández (D-N.M.), Grace Meng (D-N.Y.), Mark Takano (D-Calif.), Adriano Espaillat (D-N.Y.), and Yvette Clarke (D-N.Y.) The rescission follows the EEOC’s failure to respond to or engage with a November letter from Democratic Caucus leaders urging the agency to retain the guidance and protect women and vulnerable workers.
“The Equal Employment Opportunity Commission is supposed to protect vulnerable workers, including women, people of color, and LGBTQI+ workers, from discrimination on the job. Yet, since the start of her tenure, the EEOC chair has consistently undermined protections for women, people of color, and LGBTQI+ workers. Now, she is taking away guidance intended to protect workers from harassment on the job, including instructions on anti-harassment policies, training, and complaint processes — and doing so outside of the established rule-making process. When workers are sexually harassed, called racist slurs, or discriminated against at work, it harms our workforce and ultimately our economy. Workers can’t afford this — especially at a time of high costs, chaotic tariffs, and economic uncertainty. Women and vulnerable workers deserve so much better.”
