EEOC Allows Agencies to Restrict Bathroom Use by Gender Identity

Decision could have far-reaching consequences for transgender rights in the workplace

Published on Feb. 27, 2026

Got story updates? Submit your updates here. ›

The Equal Employment Opportunity Commission (EEOC) has ruled that federal agencies can bar employees from using bathrooms that match their gender identity, a decision that could significantly impact transgender rights in the workplace. The 2-1 majority decision cites a previous executive order from President Trump establishing two immutable genders as U.S. policy, and states that federal law permits agencies to maintain single-sex bathrooms and exclude employees from opposite-sex facilities.

Why it matters

This EEOC decision represents a significant rollback of protections for transgender workers, potentially exposing them to discrimination and harassment in the workplace. It also contradicts recent Supreme Court rulings that have recognized the rights of transgender individuals, raising concerns about the EEOC's independence and its alignment with the Trump administration's agenda.

The details

The decision arose from a complaint made by a U.S. Army civilian IT specialist at Fort Riley, Kansas, who had used male-designated bathrooms but in 2025 asked to use female bathrooms in keeping with her gender identity. Management rejected the request, citing the president's executive order, and the complainant appealed. The EEOC's sole Democratic member, Kalpana Kotagal, issued a dissent, describing the decision as rushed and legally suspect, and arguing that it rests on the false premise that transgender workers are not worthy of protection from discrimination.

  • In 2025, the complainant asked to use female bathrooms in keeping with her gender identity.
  • In February 2026, the EEOC released its decision allowing federal agencies to restrict bathroom use by gender identity.

The players

Andrea Lucas

Chair of the EEOC and a Republican appointee.

Kalpana Kotagal

The sole Democratic member of the EEOC who issued a dissent to the decision.

Donald Trump

The former U.S. president who issued an executive order establishing two immutable genders as U.S. policy, which the EEOC decision cites.

Mark Takano

Democratic Congressman and chair of the Congressional Equality Caucus, who condemned the EEOC decision.

Got photos? Submit your photos here. ›

What they’re saying

“The decision rests on the false premise that transgender workers are not worthy of the agency's protection from discrimination and harassment and that protecting them threatens the rights of other workers. Worse, it suggests that transgender people do not exist. That belief is contradicted by science and is not grounded in the law.”

— Kalpana Kotagal, EEOC Democratic Commissioner (idahostatesman.com)

“Authorizing vigilante bathroom police doesn't just endanger transgender people -- it puts every girl and woman at risk, especially those who don't fit Republican extremists' idea of what women 'should' look like or act.”

— Mark Takano, Chair, Congressional Equality Caucus (idahostatesman.com)

What’s next

The decision is expected to face legal challenges, as it contradicts recent Supreme Court rulings that have recognized the rights of transgender individuals.

The takeaway

This EEOC decision represents a significant rollback of protections for transgender workers, potentially exposing them to discrimination and harassment in the workplace. It also raises concerns about the EEOC's independence and its alignment with the Trump administration's agenda, contradicting the Supreme Court's recognition of transgender rights.