The election is over and a second Trump administration will begin in January 2025 (“Trump Administration”). Numerous changes to the employment law landscape will come with it. And if past is prologue, many of these changes will roll back various Biden-era initiatives and priorities at the various federal agencies tasked with implementing and administering federal law governing the employer/employee relationship. Below is a summary of just some of the changes employers could expect at the Equal Employment Opportunity Commission (“EEOC” or “Commission”), Department of Labor (“DOL”), and National Labor Relations Board (“NLRB”) during the Trump Administration, as well as what employers could expect to see with respect to the federal government’s efforts to prohibit certain restrictive covenants.

The EEOC

The forthcoming Trump Administration undoubtedly means changes at the EEOC. The most significant changes to the Commission will likely be delayed until 2026 due to the current Democratic majority. Nevertheless, the new administration is likely to adopt a more conservative stance on diversity, equity, and inclusion (“DEI”) initiatives, and revise—or outright reverse—Biden-era policies and priorities aimed at strengthening protections for LGBTQ+ and pregnant workers.

A second Trump Administration will likely challenge employer DEI practices in employment. This aligns with Trump’s earlier efforts to scale back DEI efforts, including attempts to ban racial sensitivity training...

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