Attorney General Brnovich Joins Coalition to Stop Biden Administration Guidance that Threatens Women’s Sports and Student and Employee Privacy

PHOENIX-- Attorney General Mark Brnovich today joined a coalition of 20 states to stop the Biden Administration from enforcing new, expansive, and unlawful interpretations of federal education and employment laws.

In the complaint, the multi-state coalition challenges federal guidance issued by the Equal Employment Opportunity Commission (EEOC) and the Department of Education (Department) concerning sexual orientation and gender identity discrimination. The guidance purports to resolve highly controversial and localized issues such as whether schools must allow biological males to compete on girls’ sports teams, whether employers and schools may maintain sex-separated showers and locker rooms, and whether individuals may be compelled to use another person’s preferred pronouns. The federal agencies claim that the guidance simply implements the Supreme Court of the United States' decision in Bostock v. Clayton County, but that decision did not address any of the issues covered by the guidance.

The coalition’s lawsuit argues that the agencies have no authority to unilaterally resolve these sensitive questions, let alone to do so without providing the public with notice and an opportunity to comment.

The multistate coalition asks the Court to declare the EEOC and Department guidance invalid and unlawful and to prohibit their enforcement.

Also joining the lawsuit are the attorneys general from the following states: Alabama, Alaska, Arkansas, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, and West Virginia.

Copy of complaint here.