EEOC Rules Against Transgender Army Worker's Bathroom Request

Agency cites Trump executive order in decision, drawing criticism from advocates

Published on Feb. 27, 2026

Got story updates? Submit your updates here. ›

The U.S. Equal Employment Opportunity Commission (EEOC) has ruled against a transgender civilian IT specialist who worked for the U.S. Army at Fort Riley, Kansas, and was denied permission to use bathrooms aligned with her gender identity. The EEOC cited a Trump administration executive order in its 2-1 decision, drawing criticism from LGBTQ rights advocates who say the ruling denies the existence of transgender people.

Why it matters

The EEOC's decision represents a shift away from the agency's previous stance on transgender rights, and aligns with the Trump administration's policies that have rolled back protections for transgender federal employees. The ruling could embolden other federal agencies and private employers to restrict bathroom access for transgender workers, leaving them vulnerable to discrimination and hostile work environments.

The details

The EEOC dismissed an appeal from the transgender Army employee, who had informed her managers in 2025 that she identified as a woman and requested to use bathrooms and locker rooms aligned with her gender identity. Her request was denied, and she filed a complaint with the Army, which was later dismissed. The EEOC cited President Trump's executive order stating the federal government would only recognize two immutable sexes, male and female, in its 2-1 decision against the employee.

  • The employee informed her managers of her gender identity in the summer of 2025.
  • The employee filed a complaint with the Army after her request was denied, which was later dismissed.
  • The EEOC issued its ruling against the employee on February 27, 2026.

The players

EEOC

The U.S. Equal Employment Opportunity Commission, the federal agency that enforces laws against workplace discrimination.

Andrea Lucas

The chair of the EEOC, who has aggressively moved to implement the Trump administration's policies concerning gender identity.

Kalpana Kotagal

The sole Democratic commissioner on the EEOC, who dissented in the 2-1 decision against the transgender Army employee.

Donald Trump

The former U.S. president who issued an executive order stating the federal government would only recognize two immutable sexes, male and female.

Transgender Army employee

A civilian IT specialist who worked for the U.S. Army at Fort Riley, Kansas, and was denied permission to use bathrooms aligned with her gender identity.

Got photos? Submit your photos here. ›

What they’re saying

“Today's opinion is consistent with the plain meaning of 'sex' as understood by Congress at the time Title VII was enacted, as well as longstanding civil rights principles: that similarly situated employees must be treated equally. Biology is not bigotry.”

— Andrea Lucas, EEOC Chair (wral.com)

“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.”

— Kalpana Kotagal, EEOC Commissioner (wral.com)

“For too long, federal agencies have stretched civil rights statutes beyond their plain meaning. By grounding its reasoning in statutory text and ordinary meaning, the EEOC has reinforced that 'sex' under Title VII refers to an individual's immutable biological classification as male or female at birth.”

— Parlato, Senior Legal Counsel, Independent Women's Law Center (wral.com)

What’s next

The transgender Army employee can file a request with the EEOC for reconsideration within 30 days, or she can file a new case in federal district court within 90 days.

The takeaway

The EEOC's decision represents a significant setback for transgender rights in the federal workplace, aligning with the Trump administration's policies that have rolled back protections for transgender employees. This ruling could embolden other federal agencies and private employers to restrict bathroom access for transgender workers, leaving them vulnerable to discrimination and hostile work environments.