Since taking office, President Trump has issued a number of Executive Orders, and taken other executive actions, relevant to employers. Below is an update on some of the more critical of these actions:
- On January 21, 2025, President Trump issued an Executive Order titled Ending Illegal Discrimination and Restoring Merit-Based Opportunity, which instructs all executive departments and agencies to “terminate all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements.” The order also instructs all agencies to “enforce our longstanding civil-rights laws and to combat illegal-private sector DEI preferences, mandates, policies, programs, and activities.”
- As part of the above Order, President Trump repealed a prior Executive Order signed by Lyndon Johnson that formed the basis of a significant portion of Federal contracting affirmative action requirements, and the Office of Federal Contract Compliance Programs (OFCCP) was instructed to immediately cease: (1) promoting “diversity”; (2) holding Federal contractors and subcontractors responsible for taking “affirmative action”; and (3) allowing or encouraging Federal contractors and subcontractors to engage in workforce balancing based on race, color, sex, sexual preference, religion, or national origin.
- The Executive Order provides that contractors may continue to comply with the existing regulatory scheme for 90 days from the date of the Order. Federal agencies are expected to issue additional guidance about how existing regulatory enforcement will be impacted by the order.
- President Trump has terminated one of the members of the National Labor Relations Board, and two members of the Equal Employment Opportunity Commission, leaving both bodies without a quorum. It is unclear if the President has the legal authority to order these terminations, and legal challenges are expected. In the interim, the NLRB and the EEOC will be unable to issue rulings and take regulatory action until a quorum is reconstituted. To date, President Trump has not announced any new appointments to either body.
- Since President Trump took office, he has issued several Executive Orders designed to increase border security and immigration law enforcement. United States Immigration and Customs Enforcement (ICE) is reporting raids in cities across the United States, and increased I-9 audits are expected. If an employer receives notice of enforcement action from ICE, it should contact legal counsel immediately.
We will continue to monitor and provide updates on these developments. If you have any questions about the impact of any of the developments addressed in this Client Alert on your business, please call our office. Thank you.
This client alert provides a general overview of new legal developments. It is not intended to provide legal advice. If you have any questions or would like more information about how these developments may affect your business, please contact us at (570) 341-8800.
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