Transgender people have had a rather sparse legal toolbox when it comes to challenging discrimination, but the most effective one has been the EEOC and its application of Title VII of the Civil Rights Act of 1964.

For several years, the EEOC has represented Amiee Stephens in her lawsuit against her former employer, a funeral home. When Stephens told her manager that she was transitioning from male to female, he fired her, explaining that he could not tolerate her “dress[ing] as a woman” at work. The EEOC argued that this termination was unlawful under Title VII of the Civil Rights Act of 1964, which bars “sex discrimination,” including gender nonconformity. A federal judge, however, ruled that the funeral home had a religious right to fire employees for transitioning under the Religious Freedom Restoration Act, citing the Supreme Court’s Hobby Lobby decision. The EEOC announced its plans to appeal the judge’s dangerously incoherent ruling.

Unfortunately, The Donald has named Republican Victoria Lipnic as acting chair of the agency. Ms Lipnic has been a commissioner since 2010. She was an assistant secretary of labor under W from 2002 until 2009 and is currently the only republican commissioner.

I am honored and humbled to be chosen by President Trump to serve as acting chair of EEOC, the agency which safeguards the civil rights of American workers," Lipnic said. "I believe equal employment opportunity is critical to all Americans and to how we define ourselves as a nation. I look forward to working with the president, my colleagues at EEOC, Congress and, of course, the American people in this critical task.

--Lipnic

One of the first acts of the commission under Lipnic may be withdrawing from the Stephens case.

The EEOC’s opening brief at the U.S. Court of Appeals for the 6th Circuit was due on Thursday—but instead of filing it, the EEOC filed a request for a 30-day extension. It noted tersely that it “requests the extension because of Administration-related changes at the Commission.”

The ACLU almost immediately filed a request to intervene in the case.

It is no longer assured that “the EEOC would adequately represent [Stephens’] interests, which it has done up until now. Based on the change of federal administration as well as the federal government’s actions over the past few days, Ms. Stephens is reasonably concerned that the EEOC may no longer adequately represent her interests going forward.

--ACLU

The commission has one other vacancy that needs filling. Don't be surprised to see someone antithetical to transgender interests.