Trump Appoints Andrea Lucas to Lead EEOC: What It Means for Your Workplace
The President Trump was appointed by President Donald Trump Andrea Lucas (no relation of mine Ich swear) to be the head of the Equal Employment Opportunity Commission ( EEOC). She has been a member of the committee since 2020 after which she was named by the president Trump.
Lucas has pledged to implement major changes at the agency, which will have an enormous impact on the workplace in regards in regards to the rights of civil society. For instance the EEOC is responsible for the enforcement of laws, such as:
- Title VII of the Civil Rights Act of 1964 (Title VII)
- The Pregnancy Discrimination Act
- The Equal Pay Act of 1963 (EPA)
- The Age Discrimination in Employment Act of 1967 (ADEA)
- Title I of the Americans With Disabilities Act of 1990 (ADA)
- Sections 102 and 103 of the Civil Rights Act of 1991 (jury trials in discrimination cases)
- Sections 501 and 505 of the Rehabilitation Act of 1973 (disability protection for federal jobs)
- The Genetic Information Nondiscrimination Act of 2008 (GINA)
- Pregnant Workers Fairness Act
Also, each when you discuss discrimination in the workplace, or make a written policy to ensure compliance with a law, the EEOC is in charge of it all. Things are set to shift.
A switch from group rights to individual rights
Lucas has been vocal regarding her preference for individual rights over the collective results. The EEOC news release that announced Lucas’s selection as interim chair she quotes Lucas as declaring:
Our laws on civil rights in the workplace are an issue that is a matter of rights for individuals. We need to beware of the twin myths of identity politics that justice is measured through the outcomes of groups and that civil rights are only there to end harms against specific groups.
This could suggest less emphasis on different impact claims in which a rule of law is neutral in its nature but affects a certain group in a different way. This also indicates an acceptance of the elimination from “background circumstances” when it comes to major group discrimination.
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There’s a pending Supreme Court case pending that will determine if the majority group is required to meet an upper burden of proof to establish illegal discrimination than minorities. In the event that Supreme Court rules that all employees must adhere to the same standards that, considering the present makeup of this court believe will occur — and paired with an EEOC which focuses on the individual and not the collective, I’m sure that we’ll see a rise in lawsuits brought by majority members who claim discrimination.
Sex-based rights
Lucas is also a proponent of rights based on sex and not gender-based rights. She has stated the one of her main goals includes “defending the biological and binary reality of sex and related rights, including women’s rights to single-sex spaces at work.” Add this to the executive order issued by President Trump regarding sexuality, which states
It is the practice that the United States to recognize two genders: male and female. The genders of these sexes cannot be changed and are based on a an unshakeable and fundamental truth.
You’re likely to see very different rules coming in areas like bathroom access. The EEOC has in the past endorsed and mandated bathroom access by gender identity, not biological sexuality.
Court challenges ahead
The court’s challenge to the majority of group discrimination lawsuits will be heard shortly on February 26. Rights based on gender versus sexual orientation will most likely be challenged in court proceedings as well.
It’s going to be a rough and uncertain path for employers. It’s basically a matter of guessing what will unfold in the court system and hopefully you’re not the victim of a lawsuit for your actions.
Employment lawyer Eric Meyer posted his advice on LinkedIn . He said:
- “Examine DEI programs: Review your DEI initiatives to make sure they are in compliance with federal anti-discrimination laws as well as related hiring opportunities are based on merit.
- “Keep your head on a swivel. With the new chair, some types of bias could be subject to greater EEOC attention than others. However, don’t let employees be left out who are in other classes of protected. Don’t be afraid to trust me. Jury members and judges are particularly resentful of ALL kinds of discrimination that is unlawful.
- “Remember state and local laws: The EEOC’s positions and priorities may not always align with state and local discrimination laws, which also govern your workplace.”
This is a great piece of advice to be aware of when you are moving forward into 2025.