As 2025 begins under President Donald Trump’s administration, the Equal Employment Opportunity Commission (EEOC) is experiencing significant changes. President Trump has issued executive orders addressing policies related to gender identity and diversity, equity, and inclusion (DEI). Additionally, in a lawsuit challenging the EEOC’s implementation of the Pregnant Workers Fairness Act (PWFA) to include abortion accommodations, the Eighth Circuit has found that the seventeen Republican-led states have standing to proceed. Additionally, the removal of two Democratic EEOC commissioners has left the agency without a quorum, impacting its operational capabilities.
Executive Orders on Gender Identity, DEI, and Abortion Accommodations
Executive Order 14168: Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government
Signed on January 20, 2025, this order directs federal agencies to enforce laws based on the recognition of only two biological sexes: male and female. The order mandates the removal of policies, regulations, forms, and communications that promote gender ideology within federal agencies. It removes the agency’s “pronoun app,” a feature in employees’ Microsoft 365 profiles, which allowed an employee to opt to identify pronouns and ends the use of the “X” gender marker during the intake process for filing a charge of discrimination.
The order further emphasizes that sex-based rights, protections, opportunities, and accommodations should be grounded in biological distinctions. Additionally, it instructs agencies to cease federal funding for programs or initiatives that endorse gender ideology. The Department of Health and Human Services (HHS) has issued guidance aligning with this order, reinforcing the recognition of only two sexes and promoting policies that acknowledge women as biologically female and men as biologically male.
Executive Order 14151: Promoting Fair Treatment in the Federal Workforce
Signed on January 18, 2025, this order establishes a framework for federal agencies to enforce employment policies based on merit and equal opportunity. It emphasizes adherence to federal non-discrimination laws while discouraging the use of DEI initiatives that promote race- or gender-based preferences. The order directs agencies to review existing workplace policies and ensure they align with principles of equal treatment without preferential programs based on identity characteristics.
Executive Order 14173: Ending Illegal Discrimination and Restoring Merit-Based Opportunity
Issued on January 21, 2025, this order aims to eliminate DEI programs within the federal government, asserting that such initiatives may lead to unlawful discrimination and undermine merit-based principles. The order directs all departments and agencies to take strong action to end private sector DEI discrimination, including civil compliance investigations. It also mandates that the Attorney General and the Secretary of Education issue joint guidance regarding the measures and practices required to comply with the Supreme Court’s decision in Students for Fair Admissions v. Harvard (holding that the race-based admissions programs violated the Equal Protection Clause of the Fourteenth Amendment). Additionally, it mandates the cessation of DEI-related activities in federal contracting and employment practices, emphasizing a return to evaluations based solely on individual merit and qualifications.
These Executive Orders have already faced legal challenges. On February 21, 2025, the U.S. District Court for the District of Maryland issued a preliminary injunction temporarily prohibiting the enforcement of certain provisions of these executive orders, particularly those related to the termination of DEI programs and equity-related grants.
Abortion Accommodations and Legal Challenges
The EEOC is facing legal challenges concerning the legal protections provided to workers who have abortions, similar to those afforded to employees who are pregnant or have recently given birth. Under the Biden Administration, the EEOC provided guidance for employers and workers on how to implement the PWFA and stated that workers can ask for time off to obtain an abortion and recover from the procedure. Seventeen Republican-led states have filed a lawsuit against this rule, arguing that it conflicts with state laws prohibiting state-funded abortions. A unanimous three-judge panel of the Eighth Circuit Court of Appeals found that the states have legal standing to proceed because they are employers who must comply with the rule.
Impact of EEOC Commissioner Removals and Loss of Quorum
On January 27, 2025, President Trump dismissed two Democratic EEOC commissioners, Charlotte Burrows and Jocelyn Samuels, as well as General Counsel Karla Gilbride. These removals have left the five-member commission with only two sitting members: Republican Acting Chair Andrea Lucas and Democratic Commissioner Kalpana Kotagal. Without the required quorum of three commissioners, the EEOC is currently unable to adopt new rules, issue legal guidance, or rule on discrimination cases involving federal employees.
Despite the lack of a quorum, the EEOC has stated that it “remains open for business.” However, its capacity to undertake significant policy actions or enforcement measures is constrained until new commissioners are appointed and confirmed.
Conclusion
These developments indicate a substantial shift in the approach to issues of gender identity, DEI initiatives, and reproductive rights accommodations in the workplace. The EEOC, and how it approaches such matters, will likely continue to experience considerable adjustments as new members are appointed by President Trump. As legal challenges continue to unfold, the future of these executive orders and their long-term impact on employment discrimination law remain uncertain. Employers should stay informed about these changes, as they may influence workplace policies and practices nationwide. If you have any questions regarding these recent changes and their impact, contact any attorney in KJK’s Labor and Employment Practice Group at 216.696.8700.