EEOC appellate decision authorizes birth-sex-only restroom rules for federal employees, overruling Lusardi

In a 2–1 federal-sector appellate decision (EEOC Appeal No. 2025003976), the Commission holds that Title VII permits a federal agency employer to maintain single-sex bathrooms, locker rooms, and similar intimate spaces designated by biological sex and to exclude transgender employees from facilities matching their gender identity. The decision expressly overrules Lusardi v. Department of the Army (2015), which for a decade had required federal agencies to allow transgender employees access consistent with gender identity. It governs the federal-sector EEO complaint process government-wide, aligning it with EO 14168, though it does not bind federal courts or private employers.