The Texas agency’s policy may be ripe for a lawsuit.
For over a year, employees of the Texas Department of Agriculture have been subject to a dress code that is transphobic and potentially illegal. The policy has caused turmoil within the agency, emails obtained by thewhich required employees to dress “in a manner consistent with their biological gender”—an apparent attempt to restrict how transgender and nonbinary employees express themselves.
According to Kaplan, “It was made abundantly clear by the Supreme Court that LGBTQ+ rights are protected by federal statute and employers are not permitted to discriminate. The conservative politicians might not like it, the conservative elected agency heads might not like it, but they don’t really have a choice.”
The emails also show that some employees revolted against the policy. On April 30, 2023, Lena Wilson, assistant commissioner for food and nutrition, gave her employees a warning. “Please remember that political discussions need to occur outside the office,” she wrote. “I can’t stress enough how important it is for you to voice your concerns with your leadership chain or HR.”
Previously, the employee worked elsewhere in state government. “Although I am open about my queerness, I do not feel the same level of safety that I did in previous state jobs.” “Deadnaming” means calling a transgender person by a former or incorrect name. In the email, Rougeux referenced 2022 court rulings in Texas and Tennessee that struck down federal Equal Employment Opportunity Commission guidelines on sexual orientation and gender identity. The EEOC has since issued revised guidelines, which Texas and other states are once again challenging.
“The commissioner, who was one of the policy’s architects, was more concerned with appeasing the anti-trans and anti-nonbinary sentiments of certain officials than with creating a comfortable and inclusive work environment for all employees.”
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