EEOC, NLRB, And DOL: Who’s In Charge?

What Trump’s labor and employment picks could mean for workers

Lori Chavez-DeRemer was in the row of cabinet nominees at Donald Trump’s inauguration as his selection for the U.S. Secretary of Labor. If confirmed, Chavez-DeRemer would be tasked with advocating for the welfare of the working people through enforcing labor laws, collecting data and advising on policy. 

Yet, at the inauguration ceremony sat CEOs Mark Zuckerberg, Tim Cook, Sundar Pichai, Jeff Bezos and Elon Musk in front of Chavez-DeRemer and the other cabinet nominees. Did this indicate that strong labor policies would take a backseat to big business? 

Chavez-DeRemer was a one-term Republican representative for Oregon’s 5th congressional district. She was elected in 2022 in an upset victory against Democratic incumbent Kurt Schrader after significant alterations were made to the district due to Oregon gaining a House seat. Two years later, Chavez-DeRemer lost in a competitive race to Democrat Janelle Bynum. 

Shortly after the 2024 election results were announced, International Brotherhood of Teamsters General President Sean O’Brien backed Chavez-DeRemer for the U.S. Secretary of Labor. Chavez-DeRemer was one of three Congressional Republicans to support the Protecting the Right to Organize Act (PRO Act). The PRO Act would strengthen the legal rights of employees to join a labor union but is expected to be filibustered in the Senate due to lack of Republican support. Chavez-DeRemer also co-sponsored the Public Service Freedom to Negotiate Act, legislation that would make it easier for public safety workers to collectively bargain. 

Similarly, the bill has yet to advance beyond earlier stages in Congress. However, in considering her overall congressional track record from her one term on Capitol Hill, Chavez-DeRemer received a 10% rating from AFL-CIO when it came to voting with the working people. This rating is only slightly better than the Republican national average of 6%. AFL-CIO President Liz Shuler has praised Chavez-DeRemer’s relatively pro-labor record in Congress but remains wary of the Trump administration’s labor policy goals.

Chavez-DeRemer was a much more moderate choice for the position than many anticipated, given President Trump’s pro-business and conservative policy prerogatives and other cabinet nominations. In President Trump’s first administration, he used populist pro-worker rhetoric while simultaneously advancing an agenda that was not always the best for the average U.S. worker. On the campaign trail, President Trump criticized union bosses and received tremendous donations from large corporations, many of whose CEOs attended his inauguration. 

The Trump administration has already begun making sweeping changes to labor and employment policies. Within hours of being sworn into office, President Trump named Republican Marvin E. Kaplan as chairman of the National Labor Relations Board (NLRB), a federal agency meant to safeguard employees’ rights and protect against unfair labor practices in the private sector. President Trump has terminated the current general counsel for the NLRB, Jennifer Abruzzo, and it is expected he will quickly replace her with a more pro-employer successor. President Trump is also expected to reinstate many of the precedents established in his first term that were overturned in favor of union-friendly policies during the Biden administration. 

For the U.S. Equal Employment Opportunity Commission (EEOC), a federal agency responsible for enforcing federal laws that make it illegal to discriminate against employees in the workplace, President Trump announced he was appointing Andrea R. Lucas as the acting chair. As with the NLRB, President Trump is also expected to quickly replace the sitting general counsel, Karla Gilbride. The abundance of executive orders signed in his first few days as President indicates that the EEOC under the Trump administration will target overturning policies that have been put in place to combat discrimination. Among the directives, President Trump suspended federal diversity, equity and inclusion initiatives; proclaimed that the federal government will only recognize two genders; and reversed numerous Biden-era policies meant to protect workers. However, his efforts may be somewhat limited for the time being, as the EEOC’s Democratic commissioners will sustain the majority through 2026. 

Not all of President Trump’s policy changes are expected to last, as lawsuits swiftly followed the signing of some of his executive orders and announcements. Despite potential legal challenges ahead, with a 53-47 Republican majority in the U.S. Senate, President Trump’s nominees are expected to encounter little resistance during the confirmation process, situating the Trump administration to push forward with its expectedly pro-business agenda. 

	Brian Markovitz is a Principal in the Labor and Employment Practice at Joseph, Greenwald & Laake, P.A.
	Deborah Jaffe is a law clerk at Joseph, Greenwald & Laake, P.A. and a juris doctor candidate at The George Washington University Law School, focusing on civil rights and employment law.