Icymi: Workplace Agency Nominations Offer Preview of What’S to Come

The Trump administration offered up a handful of nominations and appointments this week for key positions at the Equal Employment Opportunity Commission (EEOC), the Department of Labor (DOL), and the Office of Federal Contract Compliance Programs (OFCCP).

Lucas tapped to continue EEOC role: Current acting EEOC Chair Andrea Lucas was re-nominated to serve at the Commission through 2030, although it is unclear if she will be nominated as Chair during the new tenure. Lucas has been a staunch advocate and lieutenant of the administration’s attack on corporate DEI practices – in her short tenure as acting Chair, Lucas has:

• Rescinded guidance purporting to give broader legal protections on the basis of gender identity;

• Withdrawn pending gender identity discrimination lawsuits;

• Published guidance outlining how certain DEI practices could be unlawfully discriminatory and offering a blueprint for employees to challenge their employers on this basis;

• Sent letters to 20 law firms asking for significant information related to  potentially unlawful DEI practices; and

• Announced a new initiative to crack down on “anti-American bias.”

What to watch: Even if Lucas does not retain the Chair position, employers can expect the Trump administration EEOC to target employers for DEI practices and religious discrimination. 

• The Commission is expected to fully retreat  from enforcing gender identity discrimination. In fact, employers could find themselves in the crosshairs for providing certain rights to employees based on their gender identity, such as bathroom access.

Catherine Eschbach named OFCCP Director: The former Morgan Lewis attorney will take the reins at an office that was almost entirely gutted by an executive order which ended affirmative action requirements for federal contractors.

What it (might) mean: While some speculate that the OFCCP could be eliminated entirely, the appointment of Eschbach – who has pledged to “restore a merit-based system” – signals that the office could instead be repurposed investigate employers for purported “illegal” DEI practices.

• Under Eschbach, the OFCCP could potentially police new certification requirements for federal contractors which require employers to assert that they do not have any DEI programs that unlawfully discriminate.

Jonathan Snare named Deputy Solicitor of Labor: Snare is the third Morgan Lewis alum to be appointed to a key Trump administration post. His appointment, like that of Keith Sonderling as Deputy Secretary, reinforces the message that despite concerns over Secretary Lori Chavez-DeRemer’s pro-labor background and potential Teamsters influence in the White House, employers can still expect a more business-friendly approach to regulatory and enforcement policy – with DEI and immigration being the notable exceptions.