- New president revives Schedule F, kills DEI initiatives
- Biden EEOC, NLRB general counsels remain for now
President
Trump signed a slew of executive orders on Day 1 that included the revival of his “Schedule F” policy to make it easier to fire select career employees, and the elimination of government diversity, equity, and inclusion policies. He also directed civil rights agencies like the US Labor Department and the Equal Employment Opportunity Commission to recognize only two sexes, male and female, when enforcing anti-discrimination law.
Altogether, the efforts mark the start of a major shift in workplace policies that will more than likely generate litigation for years to come.
Trump on Monday also reversed dozens of Biden-era orders, including a sweeping measure to regulate artificial intelligence. As part of the AI directive, the DOL, for example, had begun laying the groundwork for guardrails on hiring discrimination and job displacement tied to the new technology.
On the federal sector front, Trump implemented a hiring freeze, ordered workers back to the office, and formalized his plans for a “Department of Government Efficiency” aimed at spending cuts and regulatory reform. During Trump’s inauguration, a collective of public unions and public interest groups filed separate lawsuits challenging the DOGE effort, which will be led by billionaire Elon Musk.
Furthermore, Trump announced a broad regulatory freeze that would apply generally to labor and employment agencies.
He also tapped new leadership and acting heads who will guide regulatory and enforcement priorities, including:
- Vince Micone, a current DOL leader overseeing the agency’s management and operations, as acting secretary of labor. Trump’s pick for the top spot, former US Rep. Lori Chavez-DeRemer (R-Ore.), awaits Senate confirmation.
- Marvin Kaplan, the National Labor Relations Board’s sole Republican member, as the agency’s chair.
- Andrea Lucas, the EEOC’s remaining GOP member, as the agency’s acting chair.
Trump, however, didn’t take some first day actions that had been the focus of speculation by workplace attorneys and other advocates.
Jennifer Abruzzo and Karla Gilbride appear to have retained their positions as general counsel of the NLRB and EEOC, respectively—at least for now. Labor watchers anticipated they would be fired or asked to resign, in keeping with precedent set by President Joe Biden, who terminated their predecessors.
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