Politics – The Daily Signal

18 States Fight Federal Trans Agenda on Pronouns, Bathrooms

In response to new federal rules on pronouns and bathrooms based on gender identity, 18 state attorneys general are suing the U.S. Equal Employment Opportunity Commission. 

The lawsuit, led by Tennessee Attorney General Jonathan Skrmetti, a Republican, was filed Monday in U.S. District Court for the Eastern District of Tennessee.  

“This end-run around our constitutional institutions misuses federal power to eliminate women’s private spaces and punish the use of biologically accurate pronouns, all at the expense of Tennessee employers,” Skrmetti said in a public statement. 

The Daily Signal first reported last month that the Equal Employment Opportunity Commission published guidance determining that an employer would be guilty of harassment for requiring someone to use a restroom that comports with his or her biological sex, or for referring to someone by a personal pronoun that the person doesn’t want used.

The guidance, which the EEOC adopted on a party-line vote of 3-2, would determine how the commission would handle an employee complaint on the matter and also could affect other employee litigation as the formal federal policy. 

EEOC has 2,331 employees, according to its 2023 annual report. 

Joining Tennessee in the lawsuit are Republican attorneys general from the states of Alabama, Alaska, Arkansas, Georgia, Indiana, Iowa, Kansas, Kentucky, Mississippi, Missouri, Nebraska, Ohio, South Carolina, South Dakota, Utah, Virginia, and West Virginia. 

“In America, the Constitution gives the power to make laws to the people’s elected representatives, not to unaccountable commissioners, and this EEOC guidance is an attack on our constitutional separation of powers,” Skrmetti, Tennessee’s attorney general, said. “When, as here, a federal agency engages in government over the people instead of government by the people, it undermines the legitimacy of our laws and alienates Americans from our legal system.”

The EEOC issued new sexual harassment guidance that extends Title VII’s prohibition of sex-based discrimination to cover gender identity. Title VII forbids employment discrimination based on race, color, religion, sex, and national origin. It applies to any employer, public or private, with more than 15 employees.

Under this guidance, an employer may be responsible under Title VII if the employer, or another employee, uses a name or personal pronoun other than the one an employee prefers for his or her gender identity, or limits access to a restroom or other sex-segregated facility that isn’t consistent with what the employee prefers to use. 

This rule prevails regardless of the biological sex of the employee in question.

“Harassing conduct based on sexual orientation or gender identity includes … repeated and intentional use of a name or pronoun inconsistent with the individual’s known gender identity (misgendering) or the denial of access to a bathroom or other sex-segregated facility consistent with the individual’s gender identity,” EEOC’s new enforcement guidance says.

An EEOC spokesperson referred The Daily Signal to the Justice Department for comment on this report. A Justice Department spokesperson didn’t respond by publication time. 

In a previous public statement, EEOC Chairwoman Charlotte Burrows, a Democrat, praised the enforcement guidance. 

“Harassment, both in-person and online, remains a serious issue in America’s workplaces,” Burrows said shortly after the commission announced the guidelines. “The EEOC’s updated guidance on harassment is a comprehensive resource that brings together best practices for preventing and remedying harassment and clarifies recent developments in the law.”

Joining Burrows to vote in favor of the updated harassment guidance were two other Democrats, Vice Chair Jocelyn Samuels and Commissioner Kalpana Kotagal. The commission’s two Republican members, Keith Sonderling and Andrea Lucas, voted against the guidance.

In 2021, Burrows attempted to unilaterally include such actions under what constitutes harassment through a press release, without public comment or a vote by the full commission. 

However, a federal court in Tennessee enjoined the guidance from going forward in 2022. Another federal court in Texas vacated Burrows’ guidance altogether. The Equal Employment Opportunity Commission did not appeal the rulings.

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Politics – The Daily Signal

Biden Admin in a DEI Bind(er) of Its Own Making, Stuck With Incompetent Jean-Pierre

The following is an updated version of a column originally published in December 2022.

One of the bestselling books of the 1970s was “The Peter Principle,” a business management book by Laurence J. Peter and Raymond Hull.

The book’s premise was that employees get promoted based on their performance in their previous jobs until they are ultimately elevated to a position in which they’re incompetent, since skills and success in one position don’t necessarily ensure success in the next. “In a hierarchy,” Peter explained, “every employee tends to rise to his level of incompetence.”

If “The Peter Principle” were published today, White House press secretary Karine Jean-Pierre would be a case study in the phenomenon, now called “failing upward.” In Jean-Pierre’s case, that’s reflected in her work for the short-lived Democratic presidential campaigns of John Edwards in 2004 and Martin O’Malley in 2016, and now as the chief spokeswoman for the Biden administration. On Monday, she will mark her second anniversary in that role.

In recent weeks, however, with the 2024 election campaign shifting into high gear, there have been well-sourced reports that high-ranking figures in the Biden administration are not-so-subtly seeking to push Jean-Pierre out of the role—for which she was never qualified to begin with. Many of the same administration figures reportedly behind those efforts to oust her are, not surprisingly, denying the accuracy of the reports.

The New York Post quoted a source as saying the high-ranking administration figures “‘were trying to find Karine a graceful exit’ because of the ugly optics of removing her against her will,” especially because she thinks she’s doing a good job. (One face-saving exit strategy was to offer her the presidency of EMILY’s List, an abortion rights group.)

But as a textbook example of an affirmative-action hire, Jean-Pierre appears not to be going anywhere. An administration so thoroughly wedded to so-called diversity, equity, and inclusion is, in this case, now finding it difficult to divorce itself from DEI. (More on that below.)

The most glaring evidence that Jean-Pierre, 49, has been promoted to her level of incompetence as White House press secretary is her near-total dependence on a binder full of administration talking points, which she often reads from directly at her daily news briefings to the White House press corps.

It’s so bad that Fox News commentator Jesse Watters has taken to referring to her derisively as “Binder,” and it’s so, well, cringeworthy that other critics deliberately mispronounce “Karine” as “Cringe.”

Just as an aside, recall how 2012 Republican presidential nominee Mitt Romney was ridiculed mercilessly in the liberal media for saying during the second presidential debate that he had “binders full of women.” That was his awkward way of referring to files of résumés of women he would consider for staffing his administration were he to win the election. Many of the talking heads’ “binder” jokes snarkily suggested that the squeaky-clean Romney was engaged in some form of BDSM with those women.

It’s standard operating procedure for a press secretary to have notes for ready reference. It’s quite another thing to stare down at them and read those notes all but verbatim.

As far as we know, none of the talking heads who ridiculed Romney has ever mentioned—much less made fun of—Jean-Pierre’s near-complete dependence on her press-briefing binders. Nor have they satirized her oft-repeated deflection—“I don’t have anything”—when she doesn’t have answers to questions for which she’s unprepared.

Nor have the liberal media (or the late-night TV comics) noted, much less lampooned, how Jean-Pierre has mispronounced or mangled words and phrases in the course of her press briefings.

On Dec. 13, 2022, Jean-Pierre touted “bicarmel” support in Congress for the so-called Respect for Marriage Act. “Bicarmel, bipartisan support was had for this piece of legislation,” she said.

But this was no one-off slip of the tongue: She used the term “bicarmel” three times to describe it in the course of the half-hour press briefing. It should have been “bicameral,” of course; meaning, support in both chambers of Congress.

The official White House transcript of the briefing was dishonestly corrected in all three instances to “bicameral” with no indication that it was not an accurate reflection of what was actually said.

On Nov. 28, 2022, in congratulating three Americans who had won Nobel Prizes in chemistry, physics, and economics, she mispronounced “Nobel” five times in 40 seconds as “noble.”

Two months to the day earlier, on Sept. 28, Jean-Pierre said that as part of Vice President Kamala Harris’ then-pending trip to South Korea, the veep would visit the Demilitarized Zone between the two Koreas. Jean-Pierre helpfully noted that it had been “nearly 70 years since the Korean ‘armtis’”—not to be confused with the Korean armistice.

Three weeks before that, on Sept. 6, Jean-Pierre conflated a Russian natural gas pipeline with an upscale American department store chain. She accused Russia of causing an energy crisis in Europe by shutting down its Nord Stream 1 pipeline, which she referred to as the “Nordstrom 1” pipeline.

One can only imagine how former President Donald Trump’s press secretaries, Sarah Huckabee Sanders and later Kayleigh McEnany, would have been pilloried by the liberal White House press corps had they made those sorts of repeated verbal gaffes.

One reason Jean-Pierre still has the high-visibility press secretary’s job, to which she was elevated on May 13, 2022, despite all of the gaffes, is because President Joe Biden is legendary for his own innumerable flubs and miscues.

“White House communications staff has had to correct President Joe Biden’s public remarks at least 148 times since the beginning of 2024, a review of official White House transcripts shows,” the Daily Caller reported April 29. Biden couldn’t very well hold Jean-Pierre to a higher standard, could he?

But the real reason Jean-Pierre remains in her post today is because of the identity politics to which the Biden administration and the Democratic Party have sworn undying allegiance. She is immune from criticism—and from reassignment to a less high-profile post—only because she checks all of the boxes of identity-politics “intersectionality” as the first black, first LGBTQ, and first immigrant White House press secretary.

In the Biden administration, Jean-Pierre demonstrates daily that meritocracy is an afterthought—if it’s thought of at all. The moral of this story: Live by DEI, die by it.

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