Battle of the sexes: Federal and state orders don’t erase Title VII obligations

Employers may recall that earlier this year, President Trump signed an Executive Order (EO) limiting the recognition of gender to male and female. Texas Governor Greg Abbott then passed a similar directive shortly after and has also signed a bill into law that could affect how employers should address their employees. However, employers shouldn’t neglect their obligations under federal case law and the protections afforded to their employees by Title VII of the Civil Rights Act of 1964.

Not to be confused with laws directed at federal and state employers

Upon entering office on January 20, 2025, President Trump signed EO 14168, which directed all federal agencies and federal employees to, “enforce laws governing sex-based rights, protections, opportunities, and accommodations to protect men and women as biologically distinct sexes.” Ten days later, Governor Greg Abbott sent a letter to all state agencies requiring them to, “ensure that agency rules, internal policies, employment practices, and other actions comply with the law and the biological reality that there are only two sexes—male and female.”

Although both Trump’s EO and Abbott’s letter were addressed only to public employers, the directives align with the Trump administration’s agenda to suppress gender identity and transgender individuals from the employment sector.

Texas House Bill 229