Guidance issued by two federal agencies on interpretation of the U.S. Supreme Court decision in Bostock v. Clayton County was declared "unlawful" by Texas district court Judge Matthew J. Kacsmaryk in a case brought by the State of Texas against both agencies.

According to the opinion, the June 15, 2020 Supreme Court decision in Bostock held that Title VII's "because of … sex" terminology prohibits employment discrimination based on "sexual orientation" and "gender identity."