January 28, 2025
EEOC Announces Shift in “Protecting Women in the Workplace”
On January 20, 2025, President Trump issued Executive Order (EO) 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” On January 28, 2025, the EEOC issued a press release, “Removing Gender Ideology and Restoring the EEOC’s Role of Protecting Women in the Workplace.”
The EEOC explains that in accordance with that EO, it was “returning to its mission of protecting women from sexual harassment and sex-based discrimination in the workplace by rolling back the Biden administration’s gender identity agenda…to enforce laws governing sex-based rights, protections, opportunities, and accommodations to protect men and women as biologically distinct sexes, and to remove all statements, policies, regulations, forms, communications, or other internal and external messages promoting gender ideology.”
What does this mean for private sector employers? Stay tuned. If you are a federal contractor, note that within 120 days of the EO, each federal agency is required to submit an update on implementation of the order to the President. The update shall address “agency-imposed requirements on federally funded entities, including contractors, to achieve the policy of this order.”
What if you are not a covered contractor? We might anticipate changes to the U.S. EEOC’s “Know Your Rights” poster as well as it “Enforcement Guidance on Harassment in the Workplace.” The latter was issued last summer and has been legally challenged. That lawsuit is now under review and (re)consideration. Other changes may include modifying policies that “promote” gender ideology. Whether we may maintain policies that address equal opportunity and non-discrimination, or harassment based on gender identity remains to be seen.
Click here for information on other EO’s that may impact you.
