Publications + Presentations

Summary

• What happened? The EEOC gained new leadership and a quorum, signaling a major shift in enforcement priorities.
• Why it matters: Employers may face increased scrutiny of DEI programs, narrower interpretations of sex and gender protections, and stronger enforcement of religious liberty claims.
• Who’s affected: Employers with DEI initiatives, transgender-inclusive policies, or religious accommodation procedures, especially federal contractors and larger organizations.
• What should employers do: Monitor EEOC developments closely but wait for formal guidance before updating policies. Document employment decisions thoroughly to reduce risk of reverse discrimination claims.

Recently, our Employee Relations team hosted our very first roundtable discussion, inviting clients to talk to our attorneys about workplace issues they’re facing. It was a great chance to connect, share ideas, and provide practical advice on some of today’s pressing employment law topics.

Missed the event? Here’s a snapshot of the topics we discussed:

• Policy updates given the recent Equal Employment Opportunity Commission (EEOC) appointments and wage transparency laws
• Wage and hour issues, including tip credits, bonus calculations, and overtime pay
• Avoiding class action lawsuits and claims and whether a waiver is worth it for you
• AI usage in the workplace and how to craft a tailored AI policy
• Employee complaints of “discrimination” and “harassment” that do not constitute unlawful activity
• Addressing workplace gossip, especially when it targets supervisors

While each of these topics sparked valuable discussion, one stood out for its urgency and potential impact: the evolving landscape at the EEOC. With recent leadership changes and a newly established quorum, the agency is signaling a significant shift in direction – one that employers need to watch closely.

This new leadership is explicitly re-orienting the agency away from Biden-era DEI priorities toward scrutiny of diversity programs, greater emphasis on religious-liberty claims, and a narrower approach to sex/gender protections. The agency has already issued technical guidance and requested information that signal aggressive enforcement against certain DEI practices. We expect more formal guidance, rulemaking, and targeted investigations in the coming months.

Who’s in Charge + Why it Matters

Republican leaders have reestablished a quorum at the EEOC, meaning changes to EEOC’s priorities and areas of focus will be rolling out soon.

• Andrea R. Lucas, Acting Chair: elevated to Acting Chair and recently confirmed for a second term. She has publicly stated that she intends to target DEI programs and an emphasis on individual (not group-based) civil rights claims.
• Brittany Panuccio, Commissioner: a new Republican commissioner, restoring a Republican majority and quorum. Her appointment gives the EEOC the power to officially change policies and issue guidance.

Executive Orders which will Guide EEOC Policy + Decision Making

As many are familiar, President Trump signed a number of executive orders (EOs) since he began his second term. We expect many of those to shape the EEOC’s agenda. These EOs tend to be the ones focused on DEI programs, merit-based hiring, and religious and gender-based rights. Here’s a refresher on those:

• EO 14148 "Initial Rescissions of Harmful EOs and Actions”: rescinded several Biden-era EOs regarding DEI, immigration, and environmental policies.
• EO 14151 "Ending Radical and Wasteful Government DEI Programs and Preferencing”: pulled back on DEI programs in federal government and contractors.
• EO 14173 "Ending Illegal Discrimination and Restoring Merit-Based Opportunity”: directed agencies to scrutinize DEI initiatives and private-sector DEI “preferences”.
• EO 14168 "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government”: required agencies to recognize sex as immutable determined by biological sex “at conception” and to take steps regarding sex/gender policy including pulling back on transgender recognition.
• EO 14188 "Additional Measures to Combat Anti-Semitism”: signaled focus on anti-Semitism enforcement and related workplace guidance.

Policy Changes to Expect from the Commission

• More scrutiny and enforcement against DEI programs and training. The EEOC is signaling that some common DEI efforts, like affinity groups or targeted recruiting, could be seen as discriminatory under federal law. Expect new guidance related to DEI groups and policies and more investigations or suits surrounding this topic.

• Narrower treatment of sex/gender protections. Leadership statements indicate the Commission will take a more limited reading of sex-based protections. Expect a focus on “biological sex” based arguments, a pullback on protections for transgender individuals, and reversals or reinterpretations of prior EEOC positions and selective litigation choices.

• Stronger enforcement of religious liberty claims. The agency’s leadership has signaled prioritization of religious discrimination and accommodation claims. Expect guidance and more EEOC investigations in this area.

• Modified guidance. As mentioned above, expect the EEOC to quickly rescind past and issue new guidance on the above topics. This guidance will inform how the EEOC will handle charges, investigations, and suits during this leadership’s term.

What Should Employers Do Now?

Employers should keep an eye on the evolution of these policy changes but hold off on making any substantial changes to company policies until official guidance is released. While it is likely that employee handbooks will need to be updated to account for the EEOC’s policy changes, employers should wait until after guidance is issued.

Additionally, with the increased focus on “reverse discrimination” against the majority demographics, including the Supreme Court’s recently unanimous decision making it easier for majority-employees to bring these types of claims. Employers should ensure that they are diligent in recording and documenting all employment issues and decisions.