With a new administration on the horizon, the regulatory landscape is likely to shift. However, some key aspects of EEOC compliance and workplace equity will remain steadfast. Employers must remain vigilant, not just in anticipation of potential policy changes, but also in maintaining focus on core compliance areas that will continue to carry significant risk if ignored.
For organizations, this is a moment to strengthen foundational practices, protect against vulnerabilities, and reaffirm their commitment to creating or maintaining diverse, equitable, and inclusive workplaces. Regardless of how the new administration shapes EEOC enforcement, these areas remain non-negotiable for employers. Here’s where you should focus as we move into 2025 and beyond:
Combatting Discrimination
Discrimination based on race, sex, age, disability, or other protected categories continues to be a top enforcement priority for the EEOC. Employers should:
- Conduct regular training for managers and employees to recognize and prevent discriminatory practices.
- Audit hiring, promotion, and termination processes to ensure bias-free decision-making.
- Establish clear reporting channels and processes to investigate discrimination claims promptly and fairly.
Harassment Prevention & Accountability
Workplace harassment remains a leading cause of EEOC complaints. With the agency’s expanded guidance on this issue, employers should:
- Maintain robust anti-harassment policies.
- Provide annual training tailored to specific workplace dynamics and risks.
- Hold all employees accountable, regardless of rank, for contributing to a respectful workplace culture.
Equal Pay & Transparency
Pay equity laws are not going away. If anything, scrutiny on compensation practices is likely to increase as the EEOC continues to emphasize pay transparency. Employers should:
- Conduct thorough pay audits to identify and address disparities.
- Document pay decisions to demonstrate fairness and consistency.
- Educate leadership on the importance of equitable compensation as a competitive advantage.
Accommodations for Disabilities & Pregnancy
The ADA and the Pregnant Workers Fairness Act require employers to accommodate employees with disabilities and those who are pregnant. These obligations are not expected to change and remain critical. Employers should:
- Review accommodation policies and ensure they are clearly communicated.
- Train managers to respond appropriately to accommodation requests.
- Keep detailed records of accommodation discussions and solutions provided.
Inclusive Hiring & Retention Practices
Creating and maintaining a diverse workforce is not just a legal expectation, it’s a business imperative. Employers must:
- Use inclusive language in job descriptions and outreach efforts.
- Evaluate hiring processes for potential barriers to diverse candidates.
- Develop retention strategies that support equity, including mentoring programs, employee resource groups, and professional development opportunities.
The new administration may bring shifts to EEOC priorities, including potential rollbacks of DEI initiatives or adjustments to enforcement strategies. However, these anticipated changes should not deter organizations from maintaining focus on areas that remain high-risk.
Why?
- Employee complaints related to discrimination, harassment, or inequity don’t depend on changes in administration.
- States and local governments are increasingly stepping in with their own laws and regulations, meaning employers must comply with overlapping jurisdictions.
- Failing to address these foundational areas opens organizations to legal, reputational, and financial risks.
How Employers Can Remain Vigilant
- Regular Audits and Assessments: Don’t wait for complaints or enforcement actions. Proactively review policies, practices, and procedures to ensure compliance with federal, state, and local laws.
- Training and Awareness: Invest in education for employees and managers, ensuring they understand their rights and responsibilities under the law.
- Data-Driven Decisions: Use metrics to track progress on diversity, pay equity, and retention efforts. Transparency builds trust and protects against legal scrutiny.
- Prepare for the Unexpected: Stay informed about potential changes and work with legal counsel or compliance experts to adjust policies as needed.
Action for 2025
While changes in enforcement priorities may occur, the underlying principles of EEOC compliance are constant. Discrimination, harassment, and inequity will always pose risks for employers. Organizations that remain vigilant, proactive, and committed to these areas will not only avoid pitfalls but also create workplaces where all employees feel valued and empowered to succeed.
2025 is an opportunity to double down on what matters most. Keep your focus on what won’t change and use that foundation to adapt confidently to whatever comes next.
- Why EEOC Compliance Must Remain a Top Priority in 2025 and Beyond - December 23, 2024
- Understanding Workplace Pregnancy Protections: A Regulatory Guide for Employers - September 4, 2024
- Women’s Equality Day: Celebrating and Supporting Women in the Workplace - August 26, 2024
