Navigating the New Administration: What Employers Need to Know about Changes at the EEOC
By: Charlotte Moriarty 2/25/25
Under the new Trump Administration, the Equal Employment Opportunity Commission (“EEOC” or the “Agency”), the agency tasked with enforcing the federal anti-discrimination laws, has undergone several leadership changes and announced significant policy shifts regarding gender identity and gender expression in the workplace.
Among other changes, the EEOC has removed or flagged its guidance for employers on discrimination based on gender identity and gender expression. Further, the EEOC is withdrawing six lawsuits alleging gender identity discrimination against workers that the agency initiated during the previous Administration.
These changes at the EEOC stem from President Trump’s Executive Order (“EO”) 14168, which, among other things, mandates that federal agencies remove policies and practices that recognize and support gender identity and gender expression.
Such sudden and wide-ranging changes raise important questions for employers regarding how their employment law obligations are impacted, and what steps they must take to ensure compliance.
Importantly, employers should be aware that despite any EO’s or announcements by the EEOC, state and local laws remain in full effect. Employers’ obligations under these laws are not impacted by the Trump Administration’s EEOC shakeup.
Laws such as the New York State New York Human Rights Law, the New York City Human Rights Law, and the New Jersey Law Against Discrimination continue to provide strong protections to employees. Those laws prohibit employment discrimination based on gender, sex, gender identity, gender expression, and transgender status, among other protected categories. Employers must take proactive measures to minimize the risk of facing legal claims under these laws by implementing and enforcing anti-discrimination and anti-harassment policies, as we
discussed here.
Moreover, federal laws, including Title VII of the Civil Rights Act, and decisions by the United States Supreme Court interpreting Title VII, remain unchanged and multiple lawsuits are pending in various courts challenging the Administration’s authority to enforce EO 14168.
Although the full impact of the EEOC’s changes remains to be seen, we are closely monitoring developments and assessing how they may affect our clients.
If you have questions about your employment law obligations under the new administration or about anti-discrimination laws, please contact Chaim Book at CBook@booklawllp.com or Sheryl Galler at SGaller@booklawllp.com.
