The 2024 presidential election has finally come to pass with Republican candidate Donald Trump set to begin his second administration in January 2025.  It can be expected that the Trump Administration will bring numerous changes to the employment law landscape during his second administration.  Many of these changes will likely roll back various Biden-era initiatives and priorities implemented by the Equal Employment Opportunity Commission (“EEOC”), Department of Labor (“DOL”), and the National Labor Relations Board (“NLRB”).

While the EEOC is locked into a Democratic majority until 2026, changes are undoubtedly coming at the EEOC under a second Trump Administration. Its likely that the Trump Administration will adopt a more conservative stance on diversity, equity, and inclusion (“DEI”) initiatives, and revise or reverse Biden-era policies and priorities.  One of the most significant Biden-era policies that will likely come under fire is the Pregnant Workers Fairness Act (“PWFA”), which broadened the scope of protections afforded to pregnant employees.

As written, the PWFA requires that eligible employers provide reasonable accommodations to a qualified employee’s or applicant’s known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions—unless the accommodation would cause the employer an undue hardship. It is currently speculated that President-elect Trump will nominate Andrea Lucas (“Lucas”), the only current Republican EEOC Commissioner, to chair the EEOC. Lucas has previously criticized the EEOC’s broad interpretation of the PWFA. For example, as an EEOC commissioner, Lucas brought commissioner charges against employers who offered abortion travel benefits on the basis that such benefits might discriminate against pregnant workers who choose to carry pregnancies to term.

Further, it is expected that the Trump Administration could attempt to roll back protections for LGBTQ+ workers.  Earlier this year, the EEOC updated its workplace harassment guidelines to encompass the repeated and intentional use of a name or pronoun inconsistent with an individual’s known gender identity or denying an individual access to a bathroom consistent with their gender identity as harassment. Lucas also publicly opposed this updated guidance, contending the guidelines could infringe on employers right to religious freedom or expression.

While the Trump Administration takes office in January 2025, the EEOC is in a Democratic majority deadlock until 2026. This means that the EEOC can file actions and seek decisions throughout 2025 defining and broadening the PWFA and LGTBQ+ rights as a way to create a roadblock for the Trump administration to overturn. Nonetheless, change is expected under the new administration.