None of us expected President Donald Trump to start his second tenure in the White House quietly, but the volume and pace of change to employment, workplace safety, diversity and inclusion and immigration laws has exceeded most people’s expectations.
Read on to find out about the whirlwind of updates to US employment law that have been ushered in by executive orders and other mechanisms during Trump’s first month in office.
Revoking of Executive Order 11246
Among the first executive orders issued, on 21 January, was one entitled Protecting Civil Rights and Expanding Individual Opportunity. It revoked Executive Order 11246 (EO 11246), issued by President Lyndon Johnson in 1965, which established rules for federal hiring and aided equal employment opportunities related to race, colour, religion, sex, sexual orientation, gender identity, and national origin.
This represents a significant change of policy and will certainly extend beyond federal government into the private sector, as government contractors fall into its scope. The sweeping nature of the order means it will also impact the private sector more widely. The restrictions, which federal contractors have a voluntary 90 days to comply with, do not affect practices to benefit veterans or those with recognised disabilities at present.
Tightening of US immigration policy
Elsewhere, President Trump has ramped up his focus on immigration. This has involved changing immigration policy, including refusing the entry of refugees, and restricting birthright citizenship. From 19 February 2025, children born in the US that do not have at least one parent who is a lawful permanent resident or US citizen will not be considered citizens.
The heightened focus on border control, customs, trade and immigration means there will likely be a significant increase in workplace investigations and enforcement action. The United States Immigration and Customs Enforcement is the agency responsible for this, under the Department of Homeland Security. It is permitted to enter public areas, such as parking lots and lobbies, at will but requires consent or a judicial warrant to enter private spaces in workplaces.
Elsewhere, a presidential memorandum titled Regulatory Freeze Pending Review, paused decision making by the Occupational Safety and Health Administration until the president had appointed a head to approve new rules.
Changes to policy of LGBTQ+ employees
There have also been changes to policy regarding LGBTQ+ employees, with anti-discrimination and anti-harassment protections being rolled back and the federal government declaring it would only recognise male and female genders and would not use nonbinary gender descriptions.
Summary
This is a snapshot of a rapidly evolving space, which is prone to change so please take the policies mentioned here as guidance on the direction of travel, rather than an exhaustive list of the latest administration's revisions to previous laws.
For a more comprehensive exploration of the most up to date changes in US employment law, our next Employment Law USA public course starts on the7 April 2025. If you would like to book your place or find out more information about the course, please call 0207 5492549 or email info@bondsolon.com.