The Equal Employment Opportunity Commission (EEOC) has made a surprising move to dismiss its own lawsuit against Harmony Hospitality LLC, a company that allegedly fired an employee for his sexual orientation and gender identity. The employee, who identifies as nonbinary male and gay, was terminated after being told he needed to be “hidden” due to his appearance, which included non-conforming gender stereotypes.

This dismissal by the EEOC comes in the wake of President Trump’s executive order, which states that the government only recognizes two sexes: male and female. The agency’s decision to drop the case marks a significant shift from its previous stance on civil rights, particularly regarding gender identity and sexual orientation discrimination.

Former EEOC General Counsel David Lopez criticized the agency’s failure to defend the fired worker, calling it “unprecedented” and “discriminatory.” The dismissal of two Democratic EEOC commissioners by the Trump administration, along with changes in leadership and priorities within the agency, have raised concerns about the protection of LGBTQ+ and gender nonconforming individuals in the workplace.

The EEOC’s motion to dismiss the case, citing compliance guidance related to Trump’s executive order, has sparked criticism from advocates and former commissioners, who view it as a step towards enabling discrimination against marginalized groups. The decision reflects a broader trend of the administration’s stance on civil rights and workplace protections.

Overall, the EEOC’s withdrawal from this case underscores the ongoing challenges faced by LGBTQ+ individuals in the workforce and raises questions about the agency’s commitment to upholding anti-discrimination laws for all employees.