Paul N. Lallkey Esq., Campbell Durrant, P.C. | February 2025
President Donald J. Trump has appointed Commissioner Andrea R. Lucas as the Acting Chair of the EEOC, in a statement released by the EEOC on January 21, 2025. The appointment of Commissioner Lucas as Acting Chair heralds a change in focus in the EEOC’s enforcement policies from the prior administration.
In the EEOC’s press release, Commissioner Lucas stated that she was looking “forward to restoring evenhanded enforcement of employment civil rights laws for all Americans.” Commissioner Lucas’ statement went on to say that “my priorities will include rooting out unlawful DEI-motivated race and sex discrimination; protecting American workers from anti-American national origin discrimination; defending the biological and binary reality of sex and related rights, including women’s rights to single-sex spaces at work; protecting workers from religious bias and harassment, including antisemitism; and remedying other areas of recent under-enforcement.”
It is not uncommon for a new administration to announce a change in agency priorities, particularly when the new administration is of a different political party than the outgoing administration. However, the statement from Commissioner Lucas gives a particularly strong indication of what the EEOC’s enforcement priorities will be and what employers can expect under the new administration. Commissioner Lucas’ statement went on to say: “I intend to dispel the notion that only the ‘right sort’ of charging party is welcome through our doors and to reinforce instead the fundamental belief enshrined in the Declaration of Independence and our civil rights laws – that all people are ‘created equal.’”
As we are at the very outset of the new administration, it remains to be seen how this announced change in the EEOC’s enforcement policies will be implemented in terms of cases that the EEOC brings. Based on the contents of the press release, one can expect that the EEOC will bring enforcement actions against employers where so-called “reverse” discrimination claims are asserted (i.e., where a person who is in a majority class claims discrimination), where religious discrimination claims are brought, and where certain sex-based discrimination claims are made.
The change of administration and this announcement of new EEOC enforcement policies should serve as a reminder to municipal employers to review and update your EEO policies and procedures. Have these been reviewed recently? Do they reflect changes in the interpretation of the laws, such as the higher burden that employers now face when they claim that a request for religious accommodation presents an undue burden? Have you provided training to your workforce about the requirements of your policies and the procedures for enforcement of those policies? The start of a new year and a new administration is the right time for your municipality to review those policies, update them where necessary, and schedule training for your workforce and your supervisors to ensure those policies are understood and are being followed.