Whenever leadership changes, there are often changes to federal agencies. The transition in leadership from President Joseph Biden to President Donald Trump is no different, as was recently highlighted when the Equal Employment Opportunity Commission (EEOC) announced changes to workplace policies.
The EEOC has the authority to investigate and move forward with legal action against workplace discrimination. The recent announcement places the agency more in line with the current administration’s policies. This agency has an important role in keeping the workplace safe and moves forward with over 80,000 charges every year. Two of the most important to watch at the moment include a change to anti-harassment guidance and how the agency moves forward with litigation.
#1: Rescinding anti-harassment guidance
One of the biggest moves is a shift away from the agency’s guidance released in 2024 on harassment violations. The move was in response to scrutiny over its use of gender-identity issues in examples of harassment, ultimately removing these examples. It is important to note that although the guidance changed, the update does not change an employer’s obligations. In fact, EEOC Chair Andrea Lucas stated laws against harassment remain “firmly in place.”
Critics have voiced concern that although the protections may remain, the move signals a deprioritization of enforcement of gender-identity issues and will discourage workers from moving forward with complaints. There is also frustration that the agency did not follow the traditional notice-and-comment period. This allows for public comment and can lead to a shift in the language of the final rule. The fact that the agency implemented the change without a public notice period signals an increased likelihood that they will do so again in the future. As such, employers and workers are wise to expect changes with minimal notice.
#2: Litigation authorization
The agency also shifted authority on when it can proceed with litigation. In the past, this decision was primarily with its general counsel. Now it is shifted to the agency’s commissioners. Critics have voiced concern that the move shifts the decision on whether litigation moves forward to politically appointed individuals instead of a focus on legal issues.
Although the climate around discrimination and harassment in the workplace may have shifted, the law remains in place. Workers who are the victim of either of these illegal practices have options and can take legal action to fight back.