Terry Gerton I want to talk with you about the Equal Employment Opportunity Commission. They were pretty quiet during the shutdown, but they’ve got a full quorum now. They haven’t had that in a while. And they’ve got funding. You work with them quite a bit. What do you think is going to change in the near term?
Debra Leder I think we’re going to see a lot of changes, at least over the next several weeks, until there might be another issue with funding down the road. But I think that we can expect the EEOC to come out of the gate running to accomplish some of these tasks that they have been anxious about doing since the current administration took hold in January of 2025. And so although there’s now a new member who makes the quorum for the EEOC Commission, the now chair who was acting chair and previously commissioner, I think has made the priorities well known. And now that there is a quorum, the agency will actually be able to take official action and vote. Things of those nature will make a big difference.
]]>
Terry Gerton So talk us through the priorities of the EEOC under this administration and maybe where there are major differences from the prior administration.
Debra Leder So, we are going to see a lot of realignment and adjustment of where the EEOC focuses its attention and its resources. Some of the big ticket items for the new EEOC commission is to align the agency’s policies with the executive orders that were issued, several of the executive orders which were issued in January of 2025 and forward. Those issues including the ferreting out DEI that may be counter to the law in the EEOC’s view, as well as the pregnant workers’ protection regulations in the EEOC’s view, maybe going too far from what Congress passed as the protection act for that, and also to maybe roll back certain protections for certain previously thought to be protected categories, including those of the LGBTQ+ community in terms of sexual orientation and transgender status, gender identity type thing.
Terry Gerton So those shifting priorities can come into play in a variety of ways. Do you anticipate more aggressive litigation on the part of the EEOC? Maybe just more policy memorandums? How do you think those priorities will actually be put into practice?
Debra Leder I think in terms of priorities for the regulations, the rules that had been put out during the past administration, including the harassment guidance that was, I think, officially published in April of 2024, and the pregnant workers’ guidance, I think as a first measure or order of business, the EEOC is going to either do a wholesale retraction or an overhaul revision of both of those guidances, for sure. And in terms of litigation resources, we’ll be seeing more priority pattern in practice and systemic litigation, targeted perhaps in ways that it hasn’t been over the past few years, including to what the commission may view as illegal DEI initiatives that employers may have, and then also helping to clarify its view of what employers are obligated to do, especially in the area of religious accommodations and whether or not, and how, to balance religious accommodations versus other interests that are sometimes competing in the workplace.
Terry Gerton So would you anticipate the order of those activities being first publication and education and communication about these new priorities, or new angles on the rules and then moving to enforcement?
Debra Leder I think the publication angle has already been well disseminated, even though the EEOC didn’t have a quorum. Now, Chair Andrea Lucas has been very vocal about what she sees as the driving priorities of the agency and in her speaking, as well as in the budget that was submitted in May of 2025 in terms of where they’re going to allocate the dollars to that. So I think the agency is already kind of gassed up and ready to go out of the station in terms of that. It’s just how long will it take to undo some of these regulations, given that there is a commenting period and they’re also subject to court challenge, as we’ve seen in the past several years. So knowing that that might not be as fast a process as the EEOC might hope, we’ll at least see a displacement of the disclaimer language and archived language we now currently see on the banner page for the EEOC, and it’s either work under construction or, stay tuned for new upcoming guidelines. But in the interim, I think we’ll see it in the way that the agency works on a day-to-day basis, how they accept charges, which charges they investigate fully, and which they may serve to litigate, and so that, as well as continuing to do the education and outreach to let the community know what their priorities are, what the EEOC is expecting to spend its resources and efforts on.
Terry Gerton I’m speaking with Debra Leder. She’s a partner in labor and employment law at Akerman. Following on with that assessment of what the priorities are going to be and where you expect to see action, for the employers who deal with EEOC issues, what should they be doing in the near term to prepare for this change in focus from the EEOC?
]]>
Debra Leder Hopefully, employers have already been staying aware of, on top of the changing priorities, the realignment from the current administration. And so being insightful, those employers most likely have already started to review their policies, to review their websites, to review their hiring criteria, as well as how they handle compensation issues and to just make sure that the policies are going to be step-in-step alignment with what the EEOC and what the executive orders have asked for. But in terms of really getting up to speed, aside from continuing to monitor what regulations may be updated and not just formal guidance, but we may see more enforcement guidance or Q and A type format from the EEOC to help employers get up to speed on doing that. Employers need to make sure all of their documentation has been reviewed and is ready in the event of what might be a very broad, all encompassing request through the investigation stage of some of the EEOC’s priority issues. So to just buckle up and be ready for that ride.
Terry Gerton And so what will you be watching for as the EEOC really gets its feet under it and and moves out? Are there particular cases or activities that you think are going to be significant here in the short run?
Debra Leder Well, the significant cases are waiting to see how the EEOC is going to interpret, we kind of already know, but from the Bostock versus Clayton County case in terms of transgender, gender identity and sexual orientation protections and whether or not the EEOC is going to — we know the EEOC in their updated guidance on harassment is going to remove those types of protections. We already know that the EEOC, I believe, has not taken any additional charges or is not investigating charges that assert claims on those grounds, although there’s still private cause of action to get a right to sue to bring those issues to the forefront. But bringing it back to what employers can do, they need to continue to be mindful of what might be the federal policies that they’re seeing and how that might compete with state and local laws that are also a moving target on a day-to-day basis, or at least a week-to-week basis. So employers definitely have a challenging thing, but as a lawyer and as the co-editor of my HR Defense blog, which I have to put a pitch in for, we try to stay on top of all these issues and push out information that employers need to know.
Copyright
© 2025 Federal News Network. All rights reserved. This website is not intended for users located within the European Economic Area.
