As the start of the second Trump administration approaches, the country remains in a state of uncertainty about what to expect. There is some comfort in knowing what policies may be enacted based on actions taken during the first Trump administration from 2016 to 2020. For employment lawyers, insight can also be gleaned by analyzing the developments from courts and federal agencies during the Biden administration.

The most immediate changes to expect affecting employment law will be with federal agencies, including the Equal Employment Opportunity Commission (EEOC), Federal Trade Commission (FTC), Department of Labor (DOL), and National Labor Relations Board (NLRB). President Donald Trump’s appointments thus far have indicated a trend toward lessening the authority of federal agencies, which, coupled with the U.S. Supreme Court’s recent decision curtailing the rulemaking powers of regulatory agencies, means that such agencies will be weaker from an enforcement perspective. Developments related to immigration law are also likely, given the incoming president’s past rhetoric and continued challenges on several immigration policies. We also expect Trump to challenge the constitutionality of diversity, equity, and inclusion (DEI) efforts nationwide.

EEOC and DEI


The EEOC is responsible for enforcing federal anti-discrimination and anti-retaliation laws that relate to hiring, firing, promotions, harassment, training, wages, and benefits. Under the 2016 Trump administration and the leadership of corporate attorney Janet Dhillon as chairperson, the EEOC shifted to a pro-business approach, allowing the EEOC to become more selective with which cases to pursue.