by Matthew J. Roberts, J.D.; Associate General Counsel for Labor and Employment, CalChamber
New presidential administrations often begin by seeking to undo the previous administration's rules and priorities, replacing them with new ones — usually through the implementation of executive orders. The Trump administration’s first week was dominated by the signing of dozens of executive orders to remake the federal government based on the president’s priorities.
Amid the flurry of executive actions, Executive Order (EO) 14168 directed federal government agencies, including the Equal Employment Opportunity Commission (EEOC), to take steps to enforce a policy that the United States only recognizes two sexes — male and female — and that these sexes are not changeable through a person’s gender identity. While the order is straightforward in its policy intent, a recent U.S. Supreme Court case, EEOC guidance and the fact that these new policies conflict with California law create a muddled picture of compliance for multi-state employers with employees in California.
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