Anticipated Changes at the EEOC Under the Incoming Trump Administration

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The second Trump administration will undoubtedly bring changes to the Equal Employment Opportunity Commission (EEOC). However, significant changes are not likely to occur immediately given that the EEOC will have a Democratic majority until 2026.

The EEOC is composed of five presidentially appointed members, including the chair, the vice chair, and three commissioners. Although the Democratic majority will persist for a couple of years, the incoming administration will likely appoint a new chair. The most likely candidate for this role is Andrea Lucas, who is currently the sole Republican commissioner. The appointment of Lucas could impact the EEOC’s interpretation of existing laws. For example, she recently voted against the EEOC’s final rule on the Pregnant Worker Fairness Act and criticized the broad spectrum of conditions that the final rule said were to be covered by the Act. The appointment of a Republican chair may also cause the EEOC to refocus on conciliation and mediation efforts as opposed to its current litigation-focused approach. If this is the case, employers would have greater opportunities to reach early settlements with the EEOC.

On a more granular level, two areas that the EEOC might focus on during the second Trump administration are diversity, equity, and inclusion (DEI) and reporting requirements.

With respect to DEI, a number of employers are already rolling back DEI efforts. The new administration is likely to challenge employer DEI programs and practices, and there could be a reversal of policies focused on strengthening protections for pregnant workers and members of the LGBTQ+ community. Once there is a Republican majority, one can expect such majority to adopt more conservative stances on employment issues related to DEI. For instance, the EEOC could roll back recent harassment guidelines that expanded the definition of sex-based discrimination to encompass conduct such as repeatedly and intentionally failing to use an individual’s preferred name or pronouns and denying bathroom access consistent with gender identity.

Next, the EEOC has announced that it wants to revive pay data collection as part of the required EEO-1 submissions. This would require companies to provide data to the government about employee wages and hours, which the EEOC (and others) could then use to identify pay gaps, investigate alleged pay discrimination practices, and target specific employers. In 2017, the first Trump administration dropped this EEOC reporting requirement. Trump’s second administration will likely adopt a similar position on this requirement, significantly reducing the chances that it will be restored.

Overall, we do not expect to see much activity in the pay equity area at the federal level during the second Trump administration. Instead, we anticipate that most of the changes to pay equity laws will come at the state and local levels. For example, many jurisdictions have recently passed pay transparency laws intended to promote pay equity, and there is nothing to suggest that such trends are slowing.

Steptoe & Johnson PLLC’s Labor & Employment Compliance attorneys are here to answer your questions and help you navigate the shifting legal landscape relevant to EEOC issues and other employment law matters. Please contact the authors of this alert if you need any counsel on such issues or matters.