Texas Agriculture Department Faces Backlash Over Controversial Dress Code Policy Based on Gender, Amid Calls of Discrimination

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Texas Department of Agriculture Commissioner, Sid Miller, has implemented a new dress code policy for all employees, interns, and contract workers. The policy requires individuals to dress in a manner “consistent with their biological gender.” The Texas Tribune obtained a copy of the two-page policy which was issued on April 13.

The policy notes that anyone found violating the dress code will be required to leave and change clothing. If the violations continue, employees could face termination. The new policy has drawn criticism from Brian Klosterboer, an attorney with the ACLU of Texas. He claims that the dress code is in violation of Title VII, which prohibits employment discrimination based on sexual orientation or gender identity. He also argues that the policy violates the First Amendment’s right to free expression and the Equal Protection Clause.

“State agencies should be focused on doing their jobs and not discriminating against their own employees and trying to make political statements through their agency regulations,” Klosterboer stated. “There is no important governmental interest that this can meet.”

The Hill has reported that Texas is considering a bill that would prohibit gender-affirming care for minors, and the state Senate has passed two bills that would limit children’s access to drag shows.

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