Workplace Law Shake-Up: DEI Challenges, NLRB Reversals, and EEOC Actions

This week, we’re covering significant updates shaping workplace policies, including shifts in regulations and enforcement related to diversity, equity, and inclusion (DEI); evolving approaches to Equal Employment Opportunity Commission (EEOC) compliance; and recent changes in National Labor Relations Board (NLRB) guidance.

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Anti-DEI Executive Orders Blocked, but Employers Scale Back

A Maryland district court temporarily blocked significant portions of two anti-DEI executive orders signed in the early days of President Trump’s administration. This story is still developing, and last week, the Trump administration appealed the district court’s decision to the U.S. Court of Appeals for the Fourth Circuit. Regardless of whether the executive orders survive, many federal contractors and private businesses are assessing and adjusting DEI policies, programming, and public statements.

EEOC Cracks Down on DEI and Gender Identity Policies

Acting EEOC Chair Andrea Lucas said in a recent statement that the agency will seek to root out “unlawful DEI-motivated race and sex discrimination.” Lucas noted that the EEOC will also target the Biden administration's “gender identity agenda” as well as anti-American bias at private businesses.

NLRB Rescinds Biden-Era Guidance

Acting NLRB General Counsel William Cowan recently rescinded a group of Biden-era memos from former General Counsel Jennifer Abruzzo. With the firing of member Gwynne Wilcox in the first days of the Trump administration, the NLRB has no quorum and cannot currently issue decisions, but more reversals are likely coming.

Other Highlights

Anti-DEI Executive Orders Enjoined: Implications for Federal Funding Recipients and Private Employers
Workforce Bulletin
Frank C. Morris, Jr.; Briar L. McNutt; Kathleen M. Williams; Susan Gross Sholinsky; Nathaniel M. Glasser

Epstein Becker Green’s Free Wage-Hour App Includes Updates on New 2025 Laws
Wage and Hour Defense Blog
Paul DeCamp, Michael S. Kun

California’s AI Revolution: Proposed CPPA Regulations Target Automated Decision-Making
Workforce Bulletin
Brian G. Cesaratto, Frances M. Green, Nathaniel M. Glasser, América Garza

Supreme Court Will Turn Its Attention to Presidential Authority Over Agencies
Law.com (subscription required)
Steven M. Swirsky quoted

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Employment Law This Week® gives a rundown of the top developments in employment and labor law and workforce management in a matter of minutes every #WorkforceWednesday®. 

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