Over the past year, the Equal Employment Opportunity Commission (EEOC) has pivoted away from many issues that were top priorities for previous administrations, such as DEI and workplace harassment.

The Pregnant Workers Fairness Act (PWFA) is one rare Biden-era policy that remains an enforcement priority for the Trump administration. The EEOC is taking a narrower view of the law, however, under Chair Andrea Lucas’s leadership.

The PWFA passed Congress with bipartisan support in 2022 and was signed into law by President Joe Biden that December. The law requires employers with 15 or more workers to provide reasonable accommodations tied to “pregnancy, childbirth, or related medical conditions.” Such accommodations may include allowing employees to take additional restroom breaks, keep drinking water nearby, or make physical modifications to their jobs.

When the EEOC issued a final rule for implementing the PWFA in April 2024, it took a broad view of “pregnancy, childbirth, or related medical conditions,” stating that abortions fall under this category. Lucas, who was then an EEOC commissioner, voted against the final rule, and has since said she plans to “"reconsider portions” of it as EEOC chair.

For more on where the PWFA stands today, and how the EEOC is enforcing it, keep reading here.—CV

The Equal Employment Opportunity Commission recently voted to rescind guidance on workplace harassment that addressed protections for LGBTQ+ workers.

The guidance detailed how employers can comply with Title VII of the Civil Rights Act, which prohibits discrimination based on characteristics including race, sex, religion, age, and disability.

The EEOC updated the guidance in 2024 for the first time in 25 years, taking into account a 2020 Supreme Court decision that found federal law protects workers against harassment based on sexual orientation or gender identity. As such, the guidance included examples of practices that constitute harassment under this ruling, such as misgendering workers or requiring them to use bathrooms inconsistent with their gender identity.

EEOC Chair Andrea Lucas took issue with the sections concerning gender identity while serving as a commissioner with the agency, and voted against the updated guidance.

For more on what the EEOC vote means for HR, keep reading here.—CV

Year-end bonuses for employees of small businesses rose an average of 11.5% in December over 2024, from $2,502 to $2,709, according to a new report from Gusto, the payroll and benefits platform. But the retail sector lagged behind, with bonuses dipping from an average of $1,597 to $1,516, a 5.1% drop.

Gusto defines small businesses as those with fewer than 50 employees.

Among the 15 small-biz sectors Gusto measured, retail was one of only four where the bonuses didn’t increase over the previous year. Only one sector, education, saw a steeper decline, with its average year-end bonuses dipping 10.2%, from $1,538 to $1,381.

For more on how year-end bonuses shook out, keep reading on Retail Brew.—AAN

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