Recently, a federal district court in Texas vacated guidance from the U.S. Equal Employment Opportunity Commission (EEOC) related to gender identity harassment. But California employers need to be aware of their continuing legal obligations around gender identity and sexual orientation. Specifically, the court ruled that parts of the EEOC’s “Enforcement Guidance on Harassment in the Workplace,” which defined “sex” under Title VII of the Civil Rights Act of 1964 to include gender identity and sexual orientation, and described unlawful harassment based on gender identity and sexual orientation, were contrary to law and must be vacated (State of Texas and The Heritage Foundation v. Equal Employment Opportunity Commission, et al., No. 2:24-CV-173-Z (N.D. Tex. May 15, 2025)). Title VII, the EEOC’s Enforcement Guidance and Bostock A federal law, Title VII protects employees from workplace discrimination based on race, color, religion, sex…