Weakening the EEOC: What It Means for Workers' Rights

Helping employees find justice in eight states with offices in Illinois, Georgia, and Alabama.

What Does Weakening the EEOC Mean for Workers?

What Does Weakening the EEOC Mean for Workers?

EEOC

What a Weakened EEOC Means for Workers

The U.S. Equal Employment Opportunity Commission (EEOC) has long been the primary federal agency responsible for enforcing laws against workplace discrimination. Its core mission is to protect workers from unfair treatment based on race, color, religion, sex, national origin, age, disability, or genetic information. However, recent changes under the Trump administration have raised serious concerns about the agency’s ability to fulfill this crucial role.

The employment discrimination attorneys at Barrett & Farahany will examine the background of the EEOC, detail the recent shifts in its policies and enforcement priorities, and explore what these changes mean for workers across the country. Understanding this new landscape is essential for anyone who believes in a fair and just workplace.

The EEOC: A Shield Against Discrimination

Established by the Civil Rights Act of 1964, the EEOC was created to investigate and remedy complaints of employment discrimination. For decades, it has served as a vital shield for employees, ensuring that their rights are protected and that employers are held accountable for unlawful practices.

The commission’s responsibilities are broad. They include:

  • Investigating charges of discrimination filed by employees.
  • Attempting to settle charges through mediation.
  • Filing lawsuits against employers on behalf of victims of discrimination.
  • Issuing guidance and technical assistance to help employers comply with the law and to educate workers about their rights.

By combating employment discrimination, the EEOC plays a fundamental role in promoting equal opportunity and creating a more inclusive American workforce. Its work has been instrumental in securing justice for countless individuals and driving systemic change in industries where discrimination was once rampant.

Changes Under the Trump Administration

The Trump administration has initiated a rapid and significant shift in the EEOC’s direction, raising alarms among civil rights advocates. This effort began with the illegal firing of two EEOC commissioners years before their appointed terms were set to end. This move was widely seen as an attempt to undermine the agency’s independence and effectiveness.

Following this, the new EEOC leadership has started to pivot the agency’s mission, aligning with strategies outlined in the far-right Project 2025. Instead of focusing on historic patterns of discrimination, the agency has signaled a new set of priorities that seem to turn civil rights law on its head.

Key changes include:

  • A Shift in Focus on Race: The acting chair has stated the commission will prioritize “rooting out unlawful DEI-motivated race and sex discrimination.” This moves the agency’s focus away from protecting workers of color and toward scrutinizing diversity, equity, and inclusion initiatives.
  • Reframing National Origin Discrimination: In a time of rising anti-immigrant sentiment, the EEOC now plans to prioritize “protecting American workers from anti-American national origin discrimination,” a significant departure from its traditional role of guarding immigrant workers against discrimination.
  • Attacks on Transgender Workers’ Rights: Following Executive Order 14168, the EEOC’s acting chair announced measures to strip transgender workers of protections. This includes prioritizing cases that “defend the biological and binary reality of sex” and seeking to roll back policies that protect workers based on gender identity.

These moves suggest a fundamental reorientation of the agency’s purpose, from protecting vulnerable workers to advancing a narrow political agenda.

The Real-World Impact on Workers

These changes are not just bureaucratic shuffles; they have immediate and severe consequences for workers who face discrimination. When the very agency designed to protect them actively works against their interests, victims are left with few places to turn.

Consider the case of Asher Lucas, a transgender man who worked as a shift manager in a Michigan restaurant. According to the EEOC’s own filings, and as reported by American Progress, Lucas was subjected to escalating transphobic harassment by his colleagues. When he and his supportive coworkers complained, the restaurant fired them. In October 2024, the EEOC filed a lawsuit on Lucas’s behalf, arguing his firing violated the Civil Rights Act.

However, in a stunning reversal, the EEOC moved to dismiss its own case on February 24, 2025, specifically citing Executive Order 14168. This abandonment leaves Lucas and other transgender workers in a precarious position, forced to rely on an agency that is now actively hostile to their rights.

These early actions are likely just the beginning. Project 2025 also calls for the EEOC to stop issuing guidance documents and to eliminate the collection of workforce data. These tools are critical for workers to understand their rights, for employers to understand their obligations, and for identifying and remedying systemic discrimination. Weakening the EEOC in this way makes antidiscrimination law less clear, less effective, and harder to enforce for everyone.

What Are Your Legal Options?

With the EEOC’s role being fundamentally altered, workers who experience employment discrimination may feel more vulnerable than ever. However, it is crucial to remember that you still have rights, and legal avenues are available.

If you believe you have been a victim of discrimination or retaliation in the workplace, here are the steps you can take:

  1. Document Everything: Keep a detailed record of all incidents, including dates, times, locations, individuals involved, and what was said or done. Save any relevant emails, text messages, or other communications.
  2. Report the Incident: Follow your company’s internal reporting procedures. Report the discrimination to your supervisor or human resources department in writing.
  3. Seek Legal Counsel: Even with the changes at the EEOC, the laws it was created to enforce still stand. The experienced employment discrimination attorneys at Barrett & Farahany can help you understand your options, which may include filing a charge with the EEOC (which is still a prerequisite for many lawsuits) or pursuing a private lawsuit.

Given the current climate, seeking legal representation is more important than ever. Our attorneys can advocate for you and ensure your case is handled correctly, regardless of the EEOC’s shifting priorities.

Protect Your Rights in the Workplace

Discrimination remains an all-too-common reality in the workplace. No one deserves to be treated differently based on who they are, especially when trying to make a living. If you feel you have experienced workplace discrimination and retaliation for reporting it, you need an experienced attorney by your side who is committed to aggressively advocating for your rights.

The attorneys at Barrett & Farahany have been standing up for victims of discrimination and retaliation in Alabama, Georgia, and Illinois for decades. We have dedicated our careers to providing a strong voice for those who are mistreated and do not know where to turn. Our team has in-depth knowledge of employment law and works closely with clients to provide personalized representation, ensuring those responsible for discrimination are held fully accountable.

For a free consultation, call us now at 334-237-7773 or contact us online.

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