Trump Administration Brings Major Changes to Employment Law Matters

Each new presidential administration brings changes to the employment law landscape, particularly when the incoming president is from a different party than their predecessor. However, in his first weeks of his second term, President Trump has made several dramatic moves that will affect workers and the companies that hire them. 

Significant shifts that have already occurred, or are expected to in the near future, include the following: 

  • Sexual orientation and gender identity discrimination claims — The Equal Employment Opportunity Commission (EEOC) has ordered that all charges relating to alleged discrimination due to sexual orientation and gender identity be forwarded to them, rather than handled at the state level. According to the guidance, the EEOC has taken this step to ensure that review of these cases is consistent with recent executive orders relating to these issues. 

  • Discrimination investigations involving government contractors — Acting Secretary of Labor Vince Micone has directed the Office of Federal Contract Compliance Programs to stop all investigations and enforcement actions related to discriminatory hiring practices by federal contractors. The OFCCP is responsible for ensuring that federal contractors comply with anti-discrimination and affirmative action requirements. By halting these activities, the administration has effectively paused oversight of hiring practices among federal contractors, reversing a directive originally issued by President Lyndon Johnson in 1965.

  • Anti-DEI certifications for government contractors — Businesses that contract with the government must certify that they are not engaging in illegal activities related to Diversity, Equity and Inclusion (DEI) efforts. In President Trump’s executive order on this subject, government contractors who are found to be conducting DEI programs could be violating False Claims Act. However, this provision is temporarily on hold due to a court order. 

These changes highlight the evolving landscape of employment law under the Trump administration. For employers and workers, it is essential to stay informed about federal and state requirements, as state laws may still provide protections that are no longer being enforced at the federal level. Kardell Law Group provides comprehensive counsel on a full range of employment law matters and can advise you based on the latest legal developments.