In the deluge of changes taking place with the incoming Trump Administration, some people have been asking what that means for them if they have experienced discrimination in the workplace and whether they still have protection against it. This article will address those concerns.
Upon taking office, President Trump signed several Executive Orders pertaining to diversity, gender, and related matters.
What is an Executive Order?
Executive Orders do not have the force of law. An Executive Order sets forth the policy of the current administration and directs the enforcement authority of federal agencies during the administration. An Executive Order controls how administrative agencies enforce the law, but it cannot change or repeal the law. Only Congress can change or repeal the law through legislation. Only the Federal Courts can interpret the law in accordance with the Constitution. Nevertheless, the authority of the President to direct how the law is enforced may have an impact on obtaining resolution of your case.
How do the Executive Orders impact my case?
The principal agency overseeing illegal discrimination in the workplace is the Equal Employment Opportunity Commission (EEOC). This agency is part of the Executive Branch and is under the authority of the President. As such, an Executive Order will be binding on it.
On January 20, 2025, President Trump issued EO 14168, which is an Executive Order aimed at, among other things, limiting transgender rights and recognizing only two sexes (male and female) and excluding those who identify as non-binary. In response, the EEOC announced in a press release (https://www.eeoc.gov/newsroom/president-appoints-andrea-r-lucas-eeoc-acting-chair ) that it would prioritize compliance, investigations, and enforcement on the right for women to have their own restroom in the workplace. The EEOC also announced it would conduct a review of its “Know Your Rights” posters, banned the use of pronoun indicators in communication, and removed the options of X and Mx. for gender identification on EEOC forms and correspondence.
Another action taken by the EEOC was the removal of several pages of resources on its website related to the protection of workers from discrimination based on sexual orientation and gender identity.
These actions by the EEOC may indicate the agency’s intention to lower its priority of enforcing complaints filed with the agency on LGBT discrimination in the workplace. The impact of that is unclear at the time of this writing, however, in most cases, the EEOC does not file suit on behalf of an individual complainant. Instead, the EEOC typically issues a “right to sue” letter that provides the prerequisite administrative action allowing a litigant to bring suit in court with the assistance of a private attorney.
Executive Orders cannot repeal what is already prohibited by law. Title VII of the Civil Rights Act of 1964 is still in force to protect against discrimination based on race, color, religion, sex, and national origin. The Americans with Disabilities Act of 1990 (ADA) is still in force to protect against discrimination based on disability. The Age Discrimination in Employment Act of 1967 (ADEA) is still in force to protect against workers over 40 years old discrimination based on age. Pregnant women are still protected by the Pregnancy Discrimination Act of 1978 (PDA), the Pregnant Workers Fairness Act of 2023, and the PUMP Act of 2023.
Additionally, all the case laws decided by the Federal Courts are still in place and remain unaffected by Executive Order. This includes Bostock v. Clayton County, which was a United States Supreme Court decision in 2020 that extended the Title VII protection against discrimination based on sex to sexual orientation and gender identity. Rest assured, removal of this information from the EEOC website has no effect on a case that you may need to bring in court.
If you have any concerns about violation of your rights in the workplace due to the illegal discrimination listed above, or you have been terminated in retaliation by your employer for reporting illegal or suspected illegal conduct, you should seek legal assistance immediately.
When it comes to looking for legal help with any type of illegal employment discrimination, Weiler Law PLLC is here to help. Our team of attorneys understands the complexities involved in these cases and is dedicated to providing the best possible representation. We can work closely with you throughout the process to ensure that your rights are protected.