Employment Law in Motion
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New Executive Order Makes English Official Language, Limited Impact Expected
President Trump issued an Executive Order on March 1, 2025, titled “Designating English as the Official Language of the United States.” The Executive Order states that English has been used as the national language since the nation’s founding, including the Declaration of Independence and the Constitution.
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Federal Judge Issues Temporary Nationwide Order Halting Parts of Trump Executive Orders Restricting DEI Programs
A Maryland federal court judge issued a temporary injunction late Friday, February 21, 2025, curtailing President Trump’s executive orders aimed at Diversity, Equity, and Inclusion (DEI) programs, including Executive Order 14151 titled “Ending Radical and Wasteful Government DEI Programs and Preferencing” and Executive Order 14173 titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity.”
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Federal Agency Issues Memorandum Temporarily Freezing Federal Grant and Loan Payments; Judge Issues Temporary Stay
On January 27, 2025, Office of Management and Budget (OMB) Acting Director Matthew Vaeth issued Memorandum #M-25-13, temporarily freezing federal grant and loan payments pending further review. While Social Security and Medicare programs are not affected by this Memorandum, other federal grant and loan programs are potentially impacted.
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President Trump Order Seeks to End Discriminatory DEI Programs and Mandates, Affecting Federal Contractors, Private Sector, and Higher Education
On his second day in office, President Trump issued an Order titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” addressing diversity, equity, and inclusion (DEI) in federal government as well as mandates and programs affecting the public and private sector. Specifically, the President acted to “order all executive departments and agencies to terminate all discriminatory and illegal preferences, mandates, policies, programs, activities, guidance, regulations, enforcement actions, consent orders, and requirements.” The President further ordered that all federal agencies “enforce our longstanding civil-rights laws” and “combat illegal private-sector DEI preferences, mandates, policies, programs, and activities.”
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President Trump’s First-Day Orders Impacting Employers
President Trump issued a large number of Executive Orders and proclamations on his first day in office, January 20, 2025. Here is a summary of those that may affect employers.
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Posting Outside the Office, but Not Outside the Scope of an Employer’s Potential Liability
Between hybrid work, flexible schedules, online meetings, and the ubiquity of social media, the lines between in and out of office conduct continue to get murkier and create potential tagalong liability that persists for employers who do not promptly respond to complaints brought forward by employees. The Ninth Circuit has made clear that even though an employee’s conduct is online—even outside of work time—the impact that it has on an employee can be sufficient to sustain a Title VII hostile work environment claim.
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