Recent executive orders have caused the Equal Employment Opportunity Commission (EEOC) to abandon litigation and guidance on LGBTQ+ protections and other areas that were priorities during the Biden administration.
LGBTQ+ Issues
On his first day in office, President Trump signed an executive order directing the federal government to define “sex” as only male or female and for that to be reflected on official government documents such as passports, policies, and federal prison assignments. The Order also directs federal agencies to use the term “sex” instead of “gender” and to remove statements, policies, and communications that “promote gender ideology.” The order further requires federal agencies to give effect to the order’s definitions when applying their statutes, regulations, and guidance.
In response to the order, the EEOC has taken several steps including:
- Instituting plans to rescind its 2024 harassment guidance directing employers to allow employees to use bathrooms that align with their gender identity.
- Removing non-binary gender markers from bias charge intake forms.
- Moving to dismiss pending federal court cases involving “deadnaming,” “misgendering,” and harassment based on gender identity.
Artificial Intelligence and Discrimination Issues
Another recent executive order signed by President Trump involves developing artificial intelligence (“AI”) “free from ideological bias or engineered social agendas.” This order impacts new EEOC guidance regarding the use of AI by employers in hiring practices. Recent changes seen in this area include:
- The EEOC has deleted from its website guidelines that outlined employer AI bias risks.
- The EEOC has removed its 2023 technical assistance document that provided that the use of algorithmic hiring software and HR tools can lead to disparate impact discrimination in hiring practices.
- The EEOC is currently reviewing its guidelines that suggested an employer can be responsible under Title VII for using discriminatory AI.
The Pregnant Workers Fairness Act and Related Issues
In 2024, the EEOC issued its final rule implementing the Pregnant Workers Fairness Act (“PWFA”). The PWFA requires employers to provide reasonable accommodations for an employee or applicant’s known limitations relating to pregnancy, childbirth, or related medical conditions. Because of its inclusion of abortion protections, the final rule led to several legal challenges.
Though President Trump has not commented or released an executive order directly impacting the PWFA or the final rule, EEOC Acting Chair Andrea Lucas voted against the final rule in 2024. We expect Lucas to re-evaluate or request a rescission of the final rule in the near future.
KMK Law will continue to monitor new developments affecting employers. Should you have any questions, please contact the KMK Labor & Employment Group.
KMK Law articles and blog posts are intended to bring attention to developments in the law and are not intended as legal advice for any particular client or any particular situation. The laws/regulations and interpretations thereof are evolving and subject to change. Although we will attempt to update articles/blog posts for material changes, the article/post may not reflect changes in laws/regulations or guidance issued after the date the article/post was published. Please consult with counsel of your choice regarding any specific questions you may have.
ADVERTISING MATERIAL.
© 2026 Keating Muething & Klekamp PLL. All Rights Reserved
- Partner
Chris Jones focuses his practice on litigating and advising clients regarding issues within the workplace. Chris strives to fully understand clients’ business concerns and counsels clients regarding hiring and firing issues ...
Topics/Tags
Select- Labor & Employment Law
- EEOC
- Employment Law
- Labor Law
- Diversity
- Department of Labor
- Wage & Hour
- NLRB
- FMLA
- Arbitration
- National Labor Relations Board
- Americans with Disabilities Act
- Discrimination
- FLSA
- Immigration
- Coronavirus
- National Enforcement Plan
- Reasonable Accommodation
- Sexual Harassment
- Social Media
- Sixth Circuit
- Title VII
- Employer Policies
- Transgender Issues
- Employment Litigation
- Religion Discrimination
- Employer Rules
- Holiday Policies
- Overtime Pay
- Workplace Violence
- Non-Compete Agreements
- Pregnancy Discrimination
- OSHA
- Employee Benefits and Executive Compensation
- Artificial Intelligence
- Privacy
- Independent Contractor
- Joint Employer
- Telework
- Department of Justice
- NLRA
- Compliance
- Paid Leave Laws
- Supreme Court
- Tax Credit
- Workplace Accommodations
- Employee Tips
- One Big Beautiful Bill
- Federal Trade Commission
- Litigation
- IRS
- Worker Classification
- Harassment
- Performance Improvement Plans
- Department of Homeland Security
- Foreign Nationals
- Immigration and Customs Enforcement
- Immigration and Nationality Act
- Disability Discrimination
- Medical Marijuana
- Retirement
- National Labor Relations Act
- Inclusion
- LGBTQ+
- Accommodation
- Sexual Orientation Discrimination
- Employer Handbook
- ADAAA
- Race Discrimination
- ERISA
- 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
- Health Savings Account
- Preventive Care Benefits
- SECURE Act
- US Department of Labor Employee Benefits Security Administration
- Healthcare Reform
- Representative Election Regulations
- Older Workers' Benefit Protection Act (OWBPA)
- Affirmative Action
- Compensable Time
- Electronically Stored Information
- Equal Opportunity Clause
- Security Screening
- Telecommuting
- E-Discovery Case Law
- Electronic Data Discovery
- ESI
- Occupational Safety and Health Administration
- Unemployment Insurance Integrity Act
- American Medical Association
- Attendance Policy
- Classification
- Fair Minimum Wage
- Federal Minimum Wage
- Misclassification
- Return to Work
- Seniority Rights
- State Minimum Wage
- Wage Increase
- Confidentiality
- Disability Leave
- Equal Pay
- Genetic Information Discrimination
- Media Policy
- National Origin Discrimination
- Retaliation
- Social Media Content
- Employment Incentives
- HIRE Act
- Social Security Tax
- Taxation
- Antitrust
Recent Posts
- 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
- EEO-1 Reporting on the Chopping Block: What Employers Need to Know
- DOL Proposes New Joint Employer Rule: What Employers Need to Know
- Arbitration Agreements Take a Hit: What the Sixth Circuit's EFAA Decision Means for Your Workplace Agreements
- Bourbon, Ballots, and Bargaining Orders: Sixth Circuit Rejects NLRB’s Cemex Framework
- Independent Contractor and Joint Employer Rules: Looking to the Past for Future Compliance
- New Requirements for Employers in California
- Back to the Office: The EEOC Clarifies the Limits of Telework Under the ADA
