The EEOC Has Changed, But Discrimination Is Still Illegal
The recent changes to the Equal Employment Opportunity Commission (EEOC) under the Trump administration have sparked confusion, with some claiming that workplace discrimination is now legal. This is not the case. While the enforcement priorities of the EEOC are shifting, the fundamental laws protecting employees from discrimination remain intact.
What Has Changed?
President Trump recently dismissed two Democratic commissioners from the EEOC, leaving the agency without a quorum to make new rulings. Additionally, a new executive order has targeted diversity, equity, and inclusion (DEI) programs, aiming to eliminate policies that prioritize race or gender in hiring. Some EEOC guidance documents on LGBTQ+ rights and affirmative action have also been rescinded.
What Hasn’t Changed?
Despite these shifts, federal anti-discrimination laws remain fully enforceable. The Civil Rights Act, the Americans with Disabilities Act (ADA), and other key protections still prohibit discrimination based on race, gender, age, disability, and other protected categories. Employers can still be sued if they violate these laws. Furthermore, the Supreme Court's landmark ruling (Bostock v. Clayton County, 2020) affirmed that LGBTQ+ individuals are protected under Title VII of the Civil Rights Act.
Why the Confusion?
The language used in the executive order and policy changes is ambiguous, leading many to mistakenly believe that discrimination laws have been repealed. Additionally, firing EEOC commissioners has been perceived as a dismantling of workplace protections, though in reality, it primarily affects the agency’s ability to set new policies—not the enforcement of existing laws.
What This Means for Employers
Employers should not assume they can ignore discrimination laws. Lawsuits and compliance obligations remain the same. Instead, businesses should focus on ensuring their policies remain compliant with federal law, rather than relying on shifting political landscapes.
At Lomond Legal, we help businesses navigate employment law changes with clarity. If you have questions about compliance or workplace policies, contact us today to ensure your business remains protected.