ASAP
Policy Week in Review – April 4, 2025
At a Glance
The Policy Week in Review, prepared by Littler’s Workplace Policy Institute (WPI), sets forth WPI’s updates on federal, state, and local matters, as well as Littler’s published in-depth analyses of the prior week.
Former Democratic EEOC Officials Issue Statement on Employer DEI Efforts
In an open letter dated April 3, 2025, released publicly, 10 former Democratic Equal Employment Opportunity Commission (EEOC) officials respond to a recent EEOC technical guidance document, issued by EEOC Acting Chair Andrea Lucas, titled “What You Should Know About DEI-Related Discrimination at Work.” The letter outlines counterpoints to the EEOC’s guidance and discusses how employers can maintain lawful DEI efforts.
White House Announces Additional DOL Nominees and Key Appointments
President Trump nominated Jonathan Berry to be the solicitor of labor. Berry served at the Department during the first Trump administration overseeing the development of proposed regulations and final rules, and more recently engaged in private law practice.
Trump also nominated Andrew Rogers to be the administrator of the Wage and Hour Division (WHD). Rogers previously served in the WHD during the first Trump administration; however, he currently serves as the acting general counsel at the EEOC. Before that, he was the chief counsel to EEOC Commissioner Andrea Lucas, who is now the acting chair of the EEOC.
Former Representative Anthony D’Esposito (R-NY) was nominated to serve as the Department’s inspector general. D’Esposito lost his New York congressional seat in November. Before being elected to Congress, D’Esposito worked for the New York City Police Department. If confirmed as the Department’s IG, D’Espositio will work to ensure the effectiveness and efficiency of the Department by conducting oversight and audits to combat any waste, fraud, and abuse.
Lastly, attorney Catherine Eschbach was appointed by President Trump to be the director of the Office of Federal Contract Compliance Programs (OFCCP). Given President Trump’s recent revocation of Executive Order 11246, Eshbach will likely work to ensure that federal contractors’ practices are in compliance with the administration’s prohibitions on DEI policies. In the Department’s news release announcing her appointment, Eschbach states, “President Trump made clear in his executive order on eliminating DEI that EO 11246 had facilitated federal contractors adopting DEI practices out of step with the requirements of our Nation’s civil rights laws and that, with the recission of EO 11246, the President mandates federal contractors wind those practices down within 90 days. As director, I’m committed to carrying out President Trump’s executive orders, which will restore a merit-based system to provide all workers with equal opportunity.”
Rep. Onder Introduces Legislation to Protect Workers’ Right to Vote
On April 1, Representative Bob Onder (R-MO) introduced “the Worker Enfranchisement Act,” which would amend the National Labor Relations Act to require the participation of a two-thirds quorum of eligible employees in a unionization election for the election results to be deemed valid. Upon bill introduction, Rep. Onder publicly stated, “The Worker Enfranchisement Act will put the control of union representation back into the hands of employees rather than union organizers looking for an easy target.”
