What a Biden administration's employment law agenda might look like

With Joe Biden becoming our 46th president on January 20, 2021, we think it's beneficial to look ahead at what his administration's employment law agenda might look like. With the likelihood of a divided Congress for at least the next two years, however, change may come slowly, especially if we see a continued deemphasis on compromise as has been the case in Washington for many years.

Many workplace issues in flux

Government contracting. One of the first orders of business may well be the rescission of President Donald Trump's Executive Order (EO) on "Combating Race and Sex Stereotyping," which prohibits the federal government and its contractors from conducting certain kinds of workplace diversity training. The restriction certainly seems contrary to the principles espoused in the standard platform of the Democratic party and is unlikely to survive in a new administration.

Immigration. Just as President Trump focused keenly on immigration, a Biden administration probably will pay close attention, too, if only to undo the policies and limitations championed by the outgoing administration. Therefore, expect a loosening of employment-related visas and more exemptions from visa limits in the STEM (science, technology, engineering, and math) areas.