Anticipated Policy Shifts Under Potential Second Trump Administration

It is expected changes to federal workforce enforcement agencies, such as the Equal Employment Opportunity Commission (EEOC) and the Department of Labor (DOL), under a potential second Trump administration. It delves into the predicted shift in direction and policies that may occur, reflecting the administration’s priorities.

EEOC: Leadership and Policy Shifts

Expected Changes in Leadership

The EEOC currently comprises three Democratic members, including Chair Charlotte Burrows, and one Republican, Andrea Lucas. It is expected that EEOC General Counsel (GC) Karla Gilbride will either be asked to resign or be fired by the incoming Trump administration, similar to how President Joe Biden dismissed her predecessor, Sharon Gustafson. During Trump’s first term, Vicki Lipnic acted as Chair with a Democratic majority for two years until Janet Dhillon’s confirmation in 2019.

Given the potential lack of a Republican majority during much of Trump’s second term, the commission may face limitations in revising the Pregnant Workers Fairness Act (PWFA) regulations, withdrawing controversial harassment guidance, or refocusing on religious discrimination and anti-diversity, equity, and inclusion (DEI) litigation. Should the incoming Trump administration aim to remove the Democratic commissioners before their terms end, they might argue that their terms violate the Appointments Clause of the Constitution—a strategy supported by court decisions upholding President Biden’s firings.

Policy Shifts and Litigation

With litigation surrounding the PWFA regulations and harassment guidance, the new administration is predicted to withdraw governmental support for Biden’s positions, likely leading to these regulations’ elimination. The anticipated policy shifts reflect a broader trend of conservative policy implementation, reducing the federal government’s role in enforcement and regulation concerning DEI and labor protections. The new administration’s approach would signal a shift away from the previous administration’s priorities, focusing instead on policies aligned with conservative perspectives, particularly regarding religious discrimination and anti-DEI litigation.

Department of Labor: Structural Changes and Focus Areas

Rescinding Executive Orders and OFCCP Changes

The Heritage Foundation’s Project 2025 advocates rescinding Executive Order (EO) 11246, eliminating affirmative action obligations for women and minorities, and dissolving the Office of Federal Contract Compliance Programs (OFCCP). If the president-elect does not rescind EO 11246 entirely, he might still rescind President Obama’s EO 13672, which prohibits discrimination by federal contractors based on sexual orientation and gender identity.

If the OFCCP remains beyond January 20, 2025, its focus is expected to shift towards issues such as discrimination against white males and employees’ religious beliefs. The previous Trump administration’s OFCCP emphasized obligations towards individuals with disabilities and protected veterans while restricting certain DEI training types. Given the strengthened anti-DEI movement and the influence of anti-DEI activists like Stephen Miller, the president-elect is anticipated to further restrict federal contractors’ DEI activities, shaping a new direction for workforce enforcement.

Potential Merging of OFCCP into EEOC

Additionally, the Department of Government Efficiency (DOGE) might recommend merging the OFCCP into the EEOC, aligning with suggestions from the Heritage Foundation. This move would require Congressional amendments to Section 503 of the Rehabilitation Act and the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). The potential merging of these agencies reflects a broader trend towards streamlining federal workforce enforcement and reducing regulatory burdens on businesses, aligning with conservative principles of smaller government and deregulation.

The consolidation of these agencies would not only streamline their functions but also centralize the enforcement of federal workforce regulations under a single entity. Combining efforts in this manner could lead to shifts in how discrimination claims are handled, potentially prioritizing cases that align with the administration’s focus areas, such as religious freedom and anti-DEI sentiments.

Wage and Hour Division: Regulatory Changes

Overtime and Independent Contractor Rules

The Biden administration updated overtime and independent contractor rules, which are currently under litigation. The Trump administration might introduce further changes to overtime regulation. Given a federal district judge in Texas blocked the Biden overtime rule nationwide, it remains unclear what rule will apply going forward. The Trump administration’s previous independent contractor rule, rescinded by Biden’s administration, might be reinstated. The future overtime rule remains uncertain—whether it will revert to Trump-era levels or those prior remains to be seen. These potential changes reflect a broader trend towards deregulation and reducing federal oversight of labor practices, with a focus on giving employers more flexibility and reducing compliance costs.

If implemented, these changes could significantly affect how businesses classify workers and manage overtime compensation. Employers would need to adapt to the new regulations, potentially altering payroll structures and reclassifying workers to comply with the reinstated rules. The broader implications of these adjustments could include shifts in gig economy regulations and the overall landscape of workers’ rights under federal law.

Promises and Recommendations

The article provides an insightful look into the expected changes to federal workforce enforcement agencies, including the Equal Employment Opportunity Commission (EEOC) and the Department of Labor (DOL), under a potential second Trump administration. It examines the projected shift in direction and policies that could take place, reflecting the administration’s key priorities. A second term could see a significant realignment of how these agencies function, potentially emphasizing deregulation and reducing oversight. The EEOC and DOL might undergo substantial policy changes aimed at minimizing federal intervention in labor issues. This could result in different enforcement strategies, affecting employer-employee relationships and workplace regulations. Moreover, there is the importance of staying informed about these potential shifts, as they could have widespread implications for businesses and workers alike, emphasizing the ever-evolving nature of labor and employment oversight under changing political landscapes.

Explore more

How Will Embedded Finance Reshape Procurement and Supply?

In boardrooms that once debated unit costs and lead times, a new variable now determines advantage: the ability to move money, data, and decisions in one continuous motion across procurement and supply operations, and that shift is redefining benchmarks for visibility, control, and supplier resilience. Organizations that embed payments and financing directly into purchasing workflows are reporting meaningfully better results—stronger

What Should Your 2025 Email Marketing Audit Include?

Tailor Jackson sat down with Aisha Amaira, a MarTech expert known for marrying CRM systems, customer data platforms, and marketing automation into revenue-ready programs. Aisha approaches email audits like a mechanic approaches a high-mileage engine: measure, isolate, and fix what slows performance—then document everything so it scales. In this conversation, she unpacks a full-system approach to email marketing audits: technical

Can Precision and Trust Fix Tech’s B2B Email Performance?

The B2B Email Landscape in Tech: Scale, Stakeholders, and Significance Inboxes felt endless long before today’s flood, yet email still directs how tech buyers move from discovery to shortlist and, ultimately, to pipeline-worthy conversations. It remains the most trusted direct channel for B2B, particularly in SaaS, cybersecurity, infrastructure, DevOps, and AI/ML, where complex decisions demand a steady cadence of proof,

Noctua Unveils Premium NH-D15 G2 Chromax.Black Cooler

Diving into the world of high-performance PC cooling, we’re thrilled to sit down with Dominic Jainy, an IT professional whose deep knowledge of cutting-edge hardware and innovative technologies makes him the perfect guide to unpack Noctua’s latest release. With a career spanning artificial intelligence, machine learning, and blockchain, Dominic brings a unique perspective to how hardware like CPU coolers impacts

How Is Monzo Redefining Digital Banking with 14M Users?

In an era where digital solutions dominate financial landscapes, Monzo has emerged as a powerhouse, boasting an impressive 14 million users worldwide. This staggering figure, achieved with a record 2 million new customers in just six months by September of this year, raises a pressing question: what makes this UK-based digital bank stand out in a crowded FinTech market? To