The U.S. Equal Employment Opportunity Commission (EEOC) has voted to rescind its anti-harassment guidance that previously stated misgendering employees could constitute unlawful discrimination under Title VII of the Civil Rights Act of 1964. The decision marks a significant rollback of Biden-era workplace protections for LGBTQ+ employees and continues a broader shift in federal enforcement priorities under the second Trump administration.
The Equal Employment Opportunity Commission (EEOC) has eliminated any remaining uncertainty about its 2026 enforcement priorities regarding diversity, equity, and inclusion programs. In a December 18, 2025 interview with Reuters, EEOC Chair Andrea Lucas emphasized the EEOC’s position that workplace initiatives using race, sex, or other protected characteristics as “motivating factors” in employment decisions are unlawful under Title VII of the Civil Rights Act. Chair Lucas also clearly signaled that employers maintaining such initiatives can expect to be subject to investigations, enforcement actions, and litigation throughout 2026. This announcement is in furtherance of executive orders issued by President Trump and guidance released by the EEOC and the Department of Justice (DOJ) in 2025, which effectively outlawed the majority of DEI programs.
The United States Department of Labor (DOL) has resolved a long-standing and frequently litigated issue under the Family and Medical Leave Act (FMLA): whether intermittent FMLA leave includes time spent traveling to and from approved medical appointments. In a January 2026 opinion letter, the DOL confirmed that such travel time is FMLA-protected.
As the new year begins, employers once again face a shifting labor and employment legal landscape. With Congress continuing to delay adoption of a comprehensive federal paid family and medical leave framework, states and local governments have accelerated their own efforts. In 2026, several state-mandated paid leave laws will take effect for the first time, while others will expand in scope, duration, or eligibility. For employers, particularly those operating in multiple jurisdictions, these developments increase compliance obligations, administrative complexity, and litigation risk.
Topics/Tags
Select- Labor & Employment Law
- EEOC
- Immigration
- Affirmative Action
- Compliance
- Employment Law
- Department of Labor
- Discrimination
- Labor Law
- FMLA
- Wage & Hour
- NLRB
- Arbitration
- National Labor Relations Board
- Americans with Disabilities Act
- Coronavirus
- Diversity
- Social Media
- Reasonable Accommodation
- FLSA
- Sexual Harassment
- Employer Policies
- Title VII
- Sixth Circuit
- Employment Litigation
- Religion Discrimination
- Transgender Issues
- Employer Rules
- Workplace Violence
- Non-Compete Agreements
- Pregnancy Discrimination
- Overtime Pay
- Employee Benefits and Executive Compensation
- National Enforcement Plan
- OSHA
- Privacy
- Artificial Intelligence
- Holiday Policies
- Department of Justice
- NLRA
- Independent Contractor
- Joint Employer
- Telework
- Workplace Accommodations
- Supreme Court
- Federal Trade Commission
- Paid Leave Laws
- Litigation
- Tax Credit
- IRS
- Employee Tips
- One Big Beautiful Bill
- Worker Classification
- Harassment
- Disability Discrimination
- Retirement
- National Labor Relations Act
- Medical Marijuana
- Performance Improvement Plans
- Accommodation
- Department of Homeland Security
- Immigration and Customs Enforcement
- Foreign Nationals
- Immigration and Nationality Act
- Sexual Orientation Discrimination
- Employer Handbook
- Inclusion
- LGBTQ+
- ADAAA
- ERISA
- Race Discrimination
- Unions
- ACA
- Affordable Car Act
- Technology
- Federal Arbitration Act
- Medical Cannabis Dispensaries
- Disability
- Whistleblower
- United States Supreme Court
- 401(k)
- Equal Employment Opportunity Commission
- Fair Labor Standards Act
- Employment Settlement Agreements
- Benefits
- Gender Identity Discrimination
- Posting Requirements
- Class Action Litigation
- Disability Law
- E-Discovery
- Evidence
- Paycheck Protection Program
- Environmental Law
- Family and Medical Leave Act
- Privacy Laws
- Securities Law
- Preventive Care Benefits
- Health Savings Account
- SECURE Act
- US Department of Labor Employee Benefits Security Administration
- Healthcare Reform
- Representative Election Regulations
- Older Workers' Benefit Protection Act (OWBPA)
- Electronically Stored Information
- Telecommuting
- Compensable Time
- Equal Opportunity Clause
- Occupational Safety and Health Administration
- Security Screening
- E-Discovery Case Law
- Electronic Data Discovery
- ESI
- American Medical Association
- Attendance Policy
- Return to Work
- Seniority Rights
- Unemployment Insurance Integrity Act
- Classification
- Confidentiality
- Disability Leave
- Equal Pay
- Fair Minimum Wage
- Federal Minimum Wage
- Genetic Information Discrimination
- Media Policy
- Misclassification
- National Origin Discrimination
- Retaliation
- Social Media Content
- State Minimum Wage
- Wage Increase
- Employment Incentives
- HIRE Act
- Social Security Tax
- Taxation
- Antitrust
Recent Posts
- Authorization Without Documentation: Employers Left with I-9 Compliance Questions Following TPS Expirations for El Salvador, Sudan, and Ukraine
- EEOC Moves to Rescind 2012 Criminal Background Check Guidance
- EEOC Proposes Overhaul of Federal Workplace Discrimination Complaint Process
- OFCCP Publishes Final Rules Reducing Federal Contractor Affirmative Action Obligations
- US Court of Appeals puts $100,000 H-1B Fee on Hold Again
- Asking Is Protected: Sixth Circuit Expands FMLA Retaliation Protections
- New DHS Rule Will Restrict Student Periods of Admission from Duration of Status to Fixed End Date
- TPS Haiti Termination: How Employers Can Ensure I-9 Records Remain Compliant
- A New Enforcement Era: What Employers Should Know About the EEOC’s 2025–2029 National Enforcement Plan
- Beyond Paid Time Off: The Legal Side of Holiday Policies