Labor News & Commentary February 10 the EEOC begins pulling back support for trans and gender non-confiorming workers

[Omaha Steve]

https://onlabor.org/february-10-2025/

By Holden Hopkins

Holden Hopkins is a student at Harvard Law School.

In today’s News & Commentary, a federal judge declines to block DOGE access to DoL data, federal worker “return to office” mandates hinge on readings of management rights, and the EEOC begins pulling back support for trans and gender non-confiorming workers.

As Divya reported last week, a coalition of unions have brought suit against Elon Musk’s Department of Government Efficiency (DOGE), which has been seeking access to internal Department of Labor data. On Friday, US District Court for the District of Columbia Judge John D. Bates ruled that the unions lacked standing, as they failed to demonstrate concrete harm to their members. Despite acknowledging “concerns about defendants’ alleged conduct,” Judge Bates determined there was no immediate legal basis to stop DOGE’s plans. This decision marks another victory for the Trump administration in its push to access federal agency data, despite ongoing legal resistance from labor groups.

The unions sought to protect highly sensitive DOL databases, which contain information on workers’ compensation claims, whistleblower complaints, and market-moving labor statistics. Their lawsuit, filed on February 5th, argued that DOGE’s data access violated the Privacy Act and the Administrative Procedure Act, as the law requires agencies to obtain consent from individuals before disclosing personal records to other agencies. The ruling is a setback for labor advocates who fear that DOGE’s unprecedented intrusion into labor data could undermine worker protections.

The Trump administration’s push to force federal employees back into the office faces serious legal challenges, particularly regarding collective bargaining agreements and management rights. The Office of Personnel Management (OPM) has declared that agencies can override union contracts mandating telework, claiming that decisions on workplace location fall under “management rights.”

FULL story at link above.