Before President Donald Trump began his second term in March, he made it clear he had a lot of executive orders up his sleeve. Many of these orders were unveiled in the first days and weeks of his administration.
Trump’s early orders don’t necessarily target motor carriers; however, they DO contain measures that will impact the transportation industry, particularly in the realm of human resources practices.
Two issues that will have far-reaching effects — and that all motor carriers should be watching — include initiatives related to Diversity, Equity and Inclusion (DEI) and immigration.
Shifting policies
“Personnel is policy,” said Kevin Coy, an attorney with Arnall Golden Gregory LLP.
“That’s certainly true in the new administration, as the president has moved quickly to put his mark on the Equal Employment Opportunity Commission (EEOC), the National Labor Relations Board (NLRB), the Federal Trade Commission (FTC), the Department of Labor (DOL), and the Consumer Financial Protection Bureau (CFPB) — all of which have touches to varying degrees on employment law considerations,” he noted.
The issue with some of these agencies and commissions is that they are not fully staffed in terms of presidential appointments.
Some, like the EEOC, lack enough members to have a quorum, so by law they’re unable to take substantial action on many issues. Their ability to pass down rulemaking documents is limited, and some issues are tied up in litigation at various levels of the justice system.
Diversity, equity & inclusion (DEI)
Some of President Trump’s earliest executive orders addressed DEI issues at various levels. Many of those orders do away with policies issued under previous administrations; in fact, one dates back to the President Lyndon Johnson’s administration in the 1960s.
Likewise, in addition to considering existing regulations, the administration is targeting those that have a disparate impact on hiring practices. This means businesses looking at their DEI programs must not consider policies at face value. They also need to think about how policies may impact protected classes without direct intention.
“With respect to DEI issues, on his second day back in office, President Trump issued executive order 14173, calling for an end to illegal discrimination and restoring merit-based opportunity” Coy said. “This order sets the framework for the administration’s approach to DEI issues.”
The executive order directs all agencies to terminate all discriminatory programs and activities and to combat legal private sector DEI preferences, mandates, policies, programs and activities.
For motor carriers that hold government contracts, this order forces a review of policies related to DEI.
“Some concern is that the requirement to identify the most egregious and discriminatory DEI practitioners in each area of concern will lead to naming of companies,” Coy said.
This naming of companies could be seen as a public “shaming” of businesses the Trump administration believes have overstepped in the area of DEI.
Coy offers advice for those reviewing their DEI policies.
“First, confirm your status as to whether or not your organization is a supplier or contractor to any federal department or agency” he said. “Government contracting rules are also being reviewed in this area.
“Second, continue reviewing your workplace policies and programs for anything that may be viewed as preferential treatment on the basis of gender, race or other protective characteristics,” he continued.
Coy says that areas to consider may include employee resource groups, or ERGs.
“If (these groups) limit membership, they may be … subject to additional scrutiny,” Coy said. “Similarly, internships or training or mentoring programs that focus on gender or race may be considered illegal depending on how they’re structured.”
Race- or gender-based employment are clearly under scrutiny, he says.
Immigration
While the new Trump administration has focused heavily on DEI, it has also placed an emphasis on immigration issues, specifically as related to who will be allowed into the U.S., if they’ll be allowed to stay and, if so, what processes they’ll have to follow to gain clearance.
“Immigration obviously has been and continues to be a priority for the Trump administration,” said Lindsey Locke, an associate with Arnall Golden Gregory. “A lot of the activity in this area is also coming in the form of various executive orders.”
Overall, the Trump administration aims at putting a more stringent process in place for people who are seeking visas to enter the U.S. Birthright citizenship, expedited deportation procedures and humanitarian parole programs are all under scrutiny.
“In the employment context, we expect to see some increased activity in the immigration space,” Locke said. “We expect to see an increase in I-9 audits and worksite enforcement actions where ICE comes on site to an employer.”
In fact, activities in both areas are expected to double under the current Trump administration compared to the first.
“Under the prior Trump administration, we saw roughly 6,000 I-9 audits and 50 onsite work site enforcement actions,” Locke said.
Between 12,000 and 15,000 audits are anticipated, along with 100 onsite enforcement actions.
“Certain industries will be more heavily targeted with immigration enforcement in the employer space,” Locke said. “Those would be construction, hospitality, manufacturing and food processing agriculture, and then critical infrastructure industries, which include things like transportation.”
For the time being, many of President Trump’s initiatives remain embroiled in legal battles, — and much of the litigation either directly or indirectly impacts human resources.
Whatever transpires is sure to have an impact on hiring practices and human resources policy. Motor carriers need to keep a close eye on developments to ensure their hiring practices are in line with shifting regulations.
Since retiring from a career as an outdoor recreation professional from the State of Arkansas, Kris Rutherford has worked as a freelance writer and, with his wife, owns and publishes a small Northeast Texas newspaper, The Roxton Progress. Kris has worked as a ghostwriter and editor and has authored seven books of his own. He became interested in the trucking industry as a child in the 1970s when his family traveled the interstates twice a year between their home in Maine and their native Texas. He has been a classic country music enthusiast since the age of nine when he developed a special interest in trucking songs.
once again a handful of dominionist think it’s their inherent right to control every aspect of our lives and to maintain the “White Nationalist” power structure of Amerikkka. Re writing history , expecting peace on stolen land , committing horrendous acts of genocide, and kidnapping Afrikans and enslaving them for cheap labor seems to be a global playbook used for the last 2000 years. We see you !!!