National
Queer Americans from N.M. to Philly on coping with Trump 2.0
Activists, immigration rights attorneys on the tough road ahead
I tried not to look at the clock this morning as I prepared to write. However, curiosity got me: Trump had been president for exactly nine minutes. Although his presence loomed so large in the vacuum of the four years between terms 45 and 47 that it doesn’t seem as if he ever really left.
The question now is how we, as members of the LGBTQ community, will cope with the next four years. I live in the Four Corners area of New Mexico. The county of San Juan is rural and very red. My extended in-laws are mostly Trump supporters but, mercifully, the mutual gag order against discussing politics over Christmas was kept in place.
At one such family party a woman asked if my partner and I knew her son Eric Domiguez. Had we still been in my native Philadelphia we probably would not have known this particular Eric based on sheer population. So at first it was a case of, “You’re the only gay men in the room. Do you know my gay son?”
However, I did know him via Facebook and learned he’s related to my fiancé by marriage. Dominguez runs Alphabet Mafia Presents, a social group creating safe spaces for the queer community. He is also responsible for a queer-centric recovery group, Recovery Queers. Soon after the election the group addressed concerns.
“Alphabet Mafia Presents, Recovery Queers and Sasha’s Rainbow of Hope collaborated to set up a queer town hall in November to address community concerns about local impacts of a second Trump presidency,” Dominguez shared. “It was open to the entire community and had the police LGBT liaison from Farmington police department on hand to answer questions. The event was put together in response to an incident that happened at a local barbershop where a queer individual overheard a conversation between two Trump supporters making comments about how they can’t wait for Trump to get rid of all the queer people in his second term. That conversation brought up a lot of fear for what could happen in our small conservative community.”
Dominguez encountered people on social media in fear of what could happen, talking about leaving the country to find a safe space to exist, struggling with mental health issues, parents afraid for their trans children, and other topics. Interestingly, despite the small population of Farmington, N.M., they have had an LGBTQ police liaison since the aftermath of the Pulse nightclub massacre.
“And coming soon,” Dominguez shared, “we’ll have The Gay Agenda Four Corners. A website, social media pages and weekly newsletter to promote all queer events and resources happening throughout the Four Corners.”
As we have seen in our earlier history, from Stonewall to Anita Bryant, from ACT UP to marriage equality, LGBTQ people rally to take care of each other. Dominguez is concerned, as we all are, about Project 2025. But he takes solace in the people, groups, and events he works with locally.
“I’m an openly gay man that hosts queer events in rural communities. And conservative friends praise me and have told me they think God sent me here to bring our community together through the work I do. So yeah I am scared of what could happen. But my experience here in our small conservative town has shown me that we can come together in spite of our differences. I know this isn’t the same for all small towns,” he cautions. “But we have groups like Equality New Mexico that have been working to make New Mexico a sanctuary state for queer and trans people. Laws passed over the last few years have made New Mexico one of the safest states for queer people to exist. I have seen first hand how existing as a queer person in small rural communities has influenced change. I can focus on fear. Or step outside my comfort zone, interact with people with different beliefs and grow together as a community. Either way the only way I’ll make it through the next four years is finding support in the community.”
Tim Rudy, a stay-at-home dad, and Brian Rudy, an events planner, are a married couple with two recently adopted sons living in Brian’s native Texas. Being in a very red state, do they fear for the future as a same-sex couple with two young children?
“I can’t say we have experienced any challenges as a same-sex couple or a same-sex parent unit, at least not outwardly. People in this state are typically friendly and offer hospitality, even if they do talk about you behind your back in that charming southern way. Because of the areas we have chosen to live and work and the friends we choose to surround ourselves with, I feel like we are pretty well insulated from some of the ugliness one can experience in a deep red state,” Tim shared. “That being said – though it hasn’t touched me I know friends who have experienced assaults and various targeted attacks even on the streets of vehemently liberal Austin.”
As for being gay parents, the Rudys say the boys have not experienced negativity at school.
“They have fantastic support systems at school and Brian was a teacher for years so we are able to maneuver them into the most ideal learning environments. However, when our youngest was in daycare, Tim went to pick him up one day and a little girl ran up to him and started loudly asking why he had two dads. The easiest response to that is always that every family is going to look different. But this four-year-old was quite opinionated about the situation. Probably as a result of belief systems at home.”
Brian is the son of an Iranian refugee. He does not, however, feel threatened by Trump’s immigration crackdown.
“We are close with a number of people who this may directly affect in the local Persian community. Many Persians who fled Iran during the Iranian Revolution were forced to leave without their birth certificates and other identifying documentation (regardless of status or wealth) and that can present a major problem for them for obvious reasons,” Brian stated.
“Xenophobia isn’t a problem for us,” Tim added. “Brian’s maternal family has been in Texas for generations.”
While my fiancé’s family kept the gag order in place at holiday parties, the Rudys were not so lucky at a recent gathering.
“One issue that is unavoidable in this area is conservative friends and family,” Brian shared. “We were recently at a family party where an intoxicated family friend was shouting angrily about the democratic presidential candidate’s campaign, and when Tim engaged in order to discuss facts versus right-wing propaganda, the guest began berating Tim in front of the entire family and our children, which was unacceptable. Sadly, the host of the party, a close family member, chose not to apologize and instead explain that she ‘loves this country because we can all have our own beliefs.’”
Speaking of immigration issues, a talking point of both Trump and the shadowy figures behind Project 2025, I spoke to Joseph Best of Best & Associates, an immigration law group based in Philadelphia. Best has been practicing law since 2008. He says he became enamored with immigration law during an immigration clinic at Villanova University. As an immigration attorney he is eligible to practice in any state as immigration is a federal matter. He need only hold a license in one state to practice in any jurisdiction. And he does: His social media shows him in New York one day, or Maine, or Pennsylvania the next fighting for immigrants. Best has fought for several LGBTQ people to gain citizenship.
“LGBT people generally have very viable asylum cases and often we get good results because so many countries are openly persecuting their LGBTQ+ citizens, often proudly so,” he said. “Asylum law in the U.S. has positively evolved over the past several decades to broadly support protections for LGBT people. Although, because our system is so broken and arbitrary, there are still some very bad immigration judges who refuse to follow the law and struggle to find a legal or factual basis as an excuse to not grant protection to our clients.”
As for Project 2025, Best says it is “nothing new … save for its own explicit announcement of their intentions to destroy America as a pluralistic representative, secular democracy. Of course, the biggest impact that their anti-LGBT agenda would have on immigration would be to restrict the application of asylum law for people fleeing anti-LGBT violence and harm and the efforts to undo legal progress in the states and federally around marriage equality and privacy rights more broadly. But thankfully all of that is complicated to actually implement and cannot happen overnight allowing for political opposition to get organized in response. Transgender people are today the easiest targets in our community to pick on. But it is an old playbook that anyone old enough who survived AIDS and our struggle for LGBT rights in the 80s and 90s will recognize immediately.”
Tyrell Brown is executive director at Galaei QTBIPOC Social Justice and Founder and Program Director at Philly Pride 365. According to their website, “Serving the Latinx community while widening our embrace, GALAEI now provides services, support and advocacy for all Queer, Trans, Indigenous and People of Color (QTBIPOC) communities.” The community they serve is historically more vulnerable due to socio-economic issues and other divides in Philadelphia.
Brown has been active in Philly’s queer community for a long time. The Galaei organization is more than an office. It’s a vibrant community center nestled on a small street in the Fishtown section of the city. An area largely economically destroyed by the closing of manufacturing and fisheries – hence Fishtown – and one now increasingly vulnerable to recent gentrification displacing long-time residents.
“As the executive director here,” Brown explained, “I have forecasted the potential of this for a year, while also driving home to the staff and those I encounter in the community that times will be difficult, and that we may not be able to anticipate every action, challenge, by the coming administration…but ensuring them that we are a resilient people and that we will navigate these challenging times.”
They look forward to working with the community they serve and their organization’s programs will be focused on “legacy.” Galaei is ready to meet the needs of the community. Much like the queer town hall in Farmington, Brown has already fielded calls from the community, and had staff express their concerns about coping.
“We are working with a collective that offers group healing explicitly for our staff as part of our regular care routine bi-weekly, this will include meditation and group discussion related to our self-care.” Brown closed his discussion with me beautifully.
“Understand that you are more powerful than you know and that the person that you are, who you know today, is not necessarily the person that you can be. Butterflies can’t see their own wings but they still know how to fly. The challenges that are sure to come tomorrow may not be what we anticipate, they may startle you, but know that we are prepared.”
I am very fortunate to know all of these charismatic people on a personal level. I dreaded writing this piece. Putting this article into words meant that we are no longer awaiting Trump’s return. We are now living in the second administration of a leader most LGBTQ people fear. However, we are overwhelmingly hopeful that we can and will overcome.
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.”
