WASHINGTON—Today, in a ruling based on a lawsuit brought forth by The Heritage Foundation and the State of Texas, a federal judge vacated portions of the Equal Employment Opportunity Commission’s (EEOC) harassment guidance that forced employers to allow biological men in women’s spaces. 

Dr. Kevin Roberts, president of The Heritage Foundation and Heritage Action for America, commented on the victory: 

"The Biden EEOC tried to compel businesses—and the American people—to deny basic biological truth. Today, thanks to the great state of Texas and the work of my Heritage colleagues, a federal judge said: not so fast.

“This ruling is more than a legal victory. It’s a cultural one. It says no—you don’t have to surrender common sense at the altar of leftist ideology. You don’t have to pretend men are women. And you don’t have to lie to keep your job. 

“Heritage is doing exactly what the conservative movement needs to do: stop apologizing, start suing, and take back institutions.” 

Dan Mauler, general counsel and secretary at The Heritage Foundation, commended the ruling: 

“Today is a great day for the rule of law, common sense, and women and girls across the country. We applaud Judge Kacsmaryk’s prudent decision to overturn Biden-era regulations that forced female employees to share spaces with men—something the vast majority of Americans reject as fundamentally wrong.

“Heritage successfully partnered with Texas to fight the Biden administration's illegal weaponization of civil rights law to push leftist social engineering. Biden's EEOC attempted to force all businesses and state governments to permit biological men into women-only spaces, including restrooms and locker rooms. Even worse, the Biden EEOC tried to force employees to lie about fundamental, undeniable truth by requiring employees use preferred pronouns over biological fact.  

“Heritage is proud of today’s outcome and more committed than ever to fighting for sanity, safety, and meritocracy in the workplace.” 

Heritage and Texas sued the EEOC before last November's election. After President Donald J. Trump was sworn into office, he tried to stop the Biden-era rule by firing EEOC commissioners who supported the discriminatory regulation. But, due to legal technicalities, the Trump administration could not force the withdrawal of the rule. Heritage's lawsuit accomplished this, and the rule has been struck down by a federal court.