PIERRE, S.D. – On May 14th, Governor Kristi Noem and Attorney General Marty Jackley announced that South Dakota has joined 17 other states in challenging yet another example of overreach by the Biden Administration to advance radical gender ideology.

“South Dakota has led the nation in ensuring fairness and equality for women in all aspects of life, and we will always strive to protect the rights of our employees,” said Governor Noem. “With this Guidance, the Biden Administration is failing to protect the privacy, safety, and religious rights of all employees. It is an egregious attempt to overly dictate the workplace and unconstitutionally compel speech. South Dakota will continue to fight back against these far-left gender identity mandates.”

The U.S. Equal Employment Opportunity Commission (EEOC) recently released 2024 Guidance, effective immediately, directing that it is harassing conduct to repeatedly misgender or deny access to a bathroom consistent with an employee’s gender identity. The Guidance also directs that it is harassing conduct to inquire of one’s gender identity, making it virtually impossible to even follow the Guidance.

“The EEOC is unlawfully attempting to burden employers, confuse gender, and limit someone’s ability to refuse sharing a restroom with someone of the opposite sex,” said Attorney General Jackley.

Policymaking of this controversial nature must be left to the elected officials who are accountable to the people, not bureaucrats sitting on the EEOC Commission.

South Dakota joins Tennessee, Alabama, Alaska, Arkansas, Georgia, Indiana, Iowa, Kansas, Kentucky, Mississippi, Missouri, Nebraska, Ohio, South Carolina, Utah, Virginia, and West Virginia in filing this lawsuit in the Eastern District of Tennessee.