HR Dive Quotes Sam Schwartz‑Fenwick on EEOC Bathroom Policy Decision

HR Dive quoted Sam Schwartz‑Fenwick, partner and co-chair of Seyfarth's Cultural Flashpoints Task Force, in its February 27 article, “EEOC says agencies may issue bathroom policies that restrict trans federal workers.” The piece examines the EEOC’s recent appellate decision permitting federal agencies to require transgender employees to use bathrooms corresponding to their sex assigned at birth, and explores the decision’s broader implications for employers.

Schwartz‑Fenwick discussed how the ruling may influence future litigation and employer decision-making, noting that Driscoll “tees up potential future challenges on the limits of Bostock” and that he expects increased pressure on employers to revisit inclusive restroom policies. However, he cautioned against hasty shifts in practice, emphasizing:

“This is one step in a long process of clarifying the law, so don’t make any rash decisions.”

The full article is available here.