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On a new episode of our From Lawyer to Empoyer podcast which just dropped wherever you listen to your podcasts, my colleague Emily McDonough Souza and I break down the key developments from the Trump Administration’s first 45 days and the key takeaways from the conversation.

Here are some key takeaways from the conversation:

Diversity, Equity, and Inclusion (DEI) Executive Order: A Rollercoaster Ride

The recent executive order targeting DEI initiatives sent shockwaves through the corporate world. Key highlights include:

  • Directive to eliminate DEI-related offices, positions, and programs for federal contractors
  • Requirement for companies to submit certifications about their DEI initiatives
  • Potential enforcement through the False Claims Act, with whistleblowers incentivized to report alleged discriminatory practices

Just when employers were scrambling to comply, a U.S. District Court in Maryland threw a curveball. The court issued a nationwide preliminary injunction, arguing that the certification requirements unconstitutionally chill First Amendment activities. So for now, employers should consider holding off on major policy overhauls.

Immigration and Workplace Compliance: Staying Ahead of ICE

The Department of Homeland Security’s increased focus on immigration enforcement means employers must be proactive:

  • Review I-9 forms meticulously
  • Consider implementing E-Verify for new hires
  • Develop a rapid response plan for potential ICE audits or workplace raids
  • Keep an immigration attorney on standby

National Labor Relations Board (NLRB): A Temporary Standstill

The NLRB currently lacks a quorum, creating a unique situation for employers:

  • Pending unfavorable rulings may be delayed
  • Existing employee-friendly precedents remain unchanged
  • Expect a lower volume of unfair labor practice complaints
  • Potential for more favorable settlement terms

EEOC’s New Focus: National Origin Discrimination

A surprising trend is emerging with the EEOC’s recent enforcement actions:

  • Increased scrutiny of policies that may preference non-American workers
  • Potential rise in “reverse discrimination” claims

Employer Sentiment: Navigating Uncertainty

Our key takeaway from our recent HR conference? Employers are feeling:

  • Confused
  • Anxious
  • Stressed
  • Uncertain

As for the practical tips, I encourage you to listen to the full episode where we discuss steps that employers can take now to be prepared for the next 45 days (and the rest of the year).