Court blocks the DOE and EEOC's guidance and enforcement of extensions of Bostock where it conflicts with state law

Bricker's Erin Butcher was quoted in an article published by Bloomberg Law regarding an injunction by the U.S. District Court for the Eastern District of Tennessee that blocks guidance from an enforcement by the U.S. Department of Education (DOE), which enforces Title IX, and the U.S. Equal Employment Opportunity Commission (EEOC), which enforces Title VII and anti-discriminatory employment laws, on the effect the 2020 U.S. Supreme Court ruling in Bostock after several plaintiff states challenged the guidance because it conflicted with state laws, the latter of which are largely based on "sex assigned at birth" definitions. The Bostock decision held that LGBT employees are protected from discrimination under the Title VII of the Civil Rights Act of 1964. Federal courts often use the same framework for Title VII and TItle IX analysis, since both Title VII and Title IX were enacted by Congress the same year and both prohibit discrimination on the basis of sex. The guidance by the DOE and EEOC extended the Bostock ruling to prohibit discrimination against employees and students where their sex or gender differs from the sex or gender assigned at birth. Butcher provided legal background on a number of issues detailed inthe decision, including the conflict between the guidance and state laws on matters such as a transgender, intersex, or non-binary individual's access to bathrooms, facilities, and athletics programs.