Employment Law in Focus: Key Takeaways from Trump's First 100 Days

As the first 100 days of President Trump’s second term have come to a close, many employers are watching closely for signals about what’s ahead in the regulatory landscape. In our recent webinar cohosted with Arnall Golden Gregory (AGG), attorneys Kevin Coy and Lindsey Locke provided an overview of what these early policy shifts mean for employers, especially human resources, compliance, and legal teams. Here are the key takeaways from the session.

This webinar recap should not be construed as legal advice. Consult with your legal counsel when reviewing related policies at your organization. 

Pregnant Workers Fairness Act (PWFA)

The Pregnant Workers Fairness Act, effective since June 2023, continues to be shaped by ongoing litigation. The Equal Employment Opportunity Commission’s (EEOC) final rule interpreting the law expanded employer obligations, allowing accommodations even when pregnant employees are temporarily unable to perform essential job functions.

Legal challenges—primarily regarding abortion and fertility-related accommodations—have led to mixed court rulings and partial injunctions. However, President Trump has recently dismissed several EEOC commissioners and those dismissals are legally contested. Locke noted that “the EEOC does not currently have a quorum, so they cannot currently take any action to either rescind or modify this final rule.”

Employers should continue monitoring court developments and be prepared to revisit accommodation procedures.

Diversity, Equity & Inclusion (DEI)

DEI initiatives are under new federal scrutiny. Executive Order (EO) 14173, titled Ending Illegal Discrimination and Restoring Merit-Based Opportunity, requires federal agencies to identify and combat what the administration sees as unlawful DEI-related preferences.

The order mandates:

• • A strategic plan to identify “egregious and discriminatory” DEI programs within each agency’s area of concern.
  • Each agency should identify up to nine potential civil compliance investigations into entities including foundations, universities, large nonprofits, corporations, and state/local bar and medical associations.

In addition to the EO, the EEOC and Department of Justice (DOJ) issued technical guidance addressing “unlawful discrimination related to ‘diversity, equity, and inclusion’ in the workplace” that reinforces race- and gender-neutral employment practices.

Coy advised, “Simply changing the names of the initiatives will not be sufficient, but rather, they’ll look at the substance of the underlying programs.” Employers are encouraged to audit their DEI initiatives for compliance.

Disparate Impact and Civil Rights Enforcement

President Trump’s recent Executive Order 14281 relates to disparate impact, a long-standing element of civil rights law. It:

• • Directs federal agencies to eliminate the use of disparate impact liability in all contexts to the maximum degree possible to avoid violating the Constitution
  • Instructs federal agencies to deprioritize enforcement of statutes and regulations to the extent they include disparate impact liability.
  • Seeks to review state-level disparate impact statutes for possible preemption.

While the order does not abolish private disparate impact claims, employers should expect fewer federal enforcement actions in this area.

Supreme Court Decisions to Watch

Several recent and pending Supreme Court cases could reshape employment law:

• • EMD Sales v. Carrera: Made it easier for employers to prove overtime exemptions under the Fair Labor Standards Act, using a “preponderance of the evidence” burden of proof.
  • Lackey v. Stinnie: Limited when plaintiffs can recover attorney’s fees under civil rights law—with potential implications for Section 1981 employment discrimination claims.
  • Ames v. Ohio Dept. of Youth Services (pending): Could clarify whether “reverse discrimination” claims require a higher burden of proof.
  • Stanley v. City of Sanford (pending): May decide whether retirees can bring ADA claims based on post-employment benefits.

Each of these cases reflects a broader legal rebalancing that could impact hiring, termination, and litigation risk.

Immigration Enforcement and Employer Risk

Worksite enforcement is expected to ramp up significantly. Executive orders have:

• • Increased I-9 audit targets to 12,000–15,000 annually.
  • Expanded expedited removal procedures.
  • Terminated certain humanitarian parole programs.

Locke noted that certain industries may face greater scrutiny, such as “construction, hospitality, manufacturing and food processing, agriculture, and critical infrastructure industries which include things like transportation.”

Privacy & Background Screening

Three major areas are evolving:

• • CFPB Fair Credit Reporting Act Rule: Still under consideration after the public comment period closed in April. It could redefine what counts as a consumer report.
  • DOJ Rule on Sensitive Data Transfers: Now in effect, it restricts bulk transfer of personal data to “countries of concern” like China, Russia, Venezuela, and North Korea, with implications for international HR data access.
  • HHS HIPAA Security Rule Changes: Proposed revisions could modernize health data security standards for employer-sponsored health plans.

While some of these proposals remain in early stages or may face delays, employers should continue monitoring regulatory activity closely. Each of these developments carries potential compliance implications—particularly for organizations handling sensitive employment data or conducting background checks.

Prepare for Shifting Priorities

Across the board, the first 100 days have introduced sharp changes in tone, enforcement strategy, and policy direction. From DEI and civil rights enforcement to privacy rules and immigration audits, federal agencies are moving quickly to reshape the regulatory framework affecting employers.

With several executive orders in play, ongoing litigation, and unresolved agency vacancies, the coming months are likely to bring more change. Employers should:

• • Audit internal policies for legal risk
  • Stay updated on DEI and PWFA litigation
  • Prepare for possible I-9 audits and privacy enforcement
  • Monitor pending Supreme Court decisions

Taken together, these developments signal a broad shift in how employment law may be interpreted and enforced in the coming months. Now is the time for employers to assess their compliance strategies and make proactive updates where needed.

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