With the transition to the new administration in Washington taking place later this month, how could this change affect the enforcement priorities of the Equal Employment Opportunity Commission? These priorities shift every time a new administration takes office, and the Trump administration has given a few signals about where its enforcement efforts may concentrate.
Much of this speculation involves claims of religious discrimination, especially claims by Christian employees that employers have failed to agree to accommodations for their religious beliefs. Although many of the vaccination mandate cases related to COVID-19 have concluded or are far into the litigation process, the EEOC may issue new guidelines that tighten health care and other employers' ability to require vaccinations in the face of employees' religious objections.
On the other hand, the EEOC may deemphasize enforcement of claims that employers have engaged in or at least tolerated proselytization of employees in the workplace. Some employers and employees have claimed that their religious beliefs require them to engage in such activities, and that the First Amendment extends protection against government interference with these efforts.
While some types of discrimination may face increased enforcement scrutiny, others could see a decrease in EEOC interest. This includes EEOC efforts to prohibit discrimination against transgender employees as a form of sex discrimination under Title VII, or the inclusion of gender dysphoria as a medical condition covered under the Americans with Disabilities Act. Even in the absence of new legislation or court decisions, the EEOC may select fewer of these charges for intensive investigation or litigation.
In some situations, these shifts in enforcement priorities have unintended consequences. For example, new guidelines prompted by interest in expanding protection of certain established religions could be used by members of more fringe beliefs to push for additional workplace accommodations that may cause conflict with coworkers. Employers should continue to monitor these developments and fine-tune their workplace policies to account for shifting federal enforcement priorities.
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