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These proposed amendments reflect a broader legislative trend toward increasing protections for employees and limiting employers' use of certain contractual provisions. Whether these bills pass in their current form or are amended along the way, New York employers should be proactive in preparing for potential changes.

While the rescission of these memoranda doesn’t change the law overnight, it represents a dramatic shift in federal labor policy enforcement. Employers should consider this memo a clear signal of the Trump administration’s intent to recalibrate the NLRB's focus, potentially reducing enforcement pressure on businesses—at least for now.

This latest guidance from the EEOC and DOJ is not a rejection of DEI goals—it’s a reminder that equality under the law must guide how those goals are pursued. Employers can still promote inclusion, equity, and belonging, but they must do so in ways that comply with Title VII and avoid discriminatory practices, regardless of intent.