New EEOC Chair, New Focus: What Businesses Should Know

Yesterday, President Trump appointed Andrea Lucas as the Acting Chair of the U.S. Equal Employment Opportunity Commission (EEOC), signaling notable changes for the agency tasked with enforcing federal anti-discrimination laws in the workplace. Lucas brings a clear set of priorities to address workplace discrimination. Here’s what HR professionals, employment lawyers, and business owners should know about them

1. Rights of Individuals > Group Outcomes
Lucas advocates for balanced enforcement of employment civil rights laws. She believes the EEOC’s role is to protect the rights of individuals, not to measure justice by group outcomes. This approach emphasizes that civil rights laws should be applied equally to everyone, regardless of their background. “I intend to dispel the notion that only the ‘right sort of’ charging party is welcome through our doors,” said Lucas.

2. Scrutiny of DEI Programs
Lucas has raised concerns about some Diversity, Equity, and Inclusion (DEI) initiatives, which she believes might unintentionally lead to unlawful discrimination. She focuses on ensuring DEI programs comply with federal laws and promote merit-based opportunities. Examples of problematic DEI practices include:

• Unlawful Favoritism: Programs that give preferential treatment to specific racial or gender groups may violate anti-discrimination laws.
• Misapplication of Affirmative Action: Decisions influenced by race or sex, even if well-intentioned, could be illegal if they disadvantage individuals based on these characteristics.
• Focus on Group Metrics: Policies prioritizing group outcomes over individual merit could result in biased practices.

Lucas’s stance underscores that any employment action based on race or sex, regardless of which group benefits, is considered unlawful discrimination under civil rights laws. Lucas tweeted, “I am committed to ensuring equal justice under the law and to focusing on equal opportunity, merit, and colorblind equality.”

3. Other Priorities
Lucas has outlined specific areas of focus:

• National Origin Bias: Ensuring that U.S. workers are protected from “anti-American national origin discrimination.”
• Sex-Based Rights: Defending women’s rights to single-sex spaces, such as bathrooms and locker rooms, in the workplace. Lucas has voiced concerns that prioritizing gender identity over biological sex in these contexts might undermine women’s privacy and safety.
• Religious Freedom: Combating religious bias, including antisemitism, and safeguarding workers’ rights to express and practice their beliefs without fear of discrimination.

Key Steps for Employers
To align with the EEOC’s priorities, businesses should:

• Examine DEI Programs: Review your DEI initiatives to ensure they comply with federal anti-discrimination laws and related employment opportunities are merit-based.
• Keep Your Head On A Swivel: Be prepared for increased attention to various forms of discrimination, including national origin, sex, and religious bias. But don’t abandon employees in other protected classes. Trust me. Judges and juries especially abhor all forms of discrimination.
• 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.

HR professionals and business owners should stay informed about these changes and exercise caution if their employment practices do not align with the EEOC’s priorities.