Don Livingston Quoted by SHRM on Applicability to EEOC of Executive Order on Regulations

Akin Gump labor and employment partner Don Livingston has been quoted in the Society for Human Resource Management article “Trump Sued Over ‘One Reg In, Two Out’ Executive Order.” The article focuses, in particular, on the Equal Employment Opportunity Commission (EEOC)’s proposed enforcement guidance on unlawful harassment and whether it is subject to President Trump’s executive order calling for the elimination of two regulations for every new one proposed.

Livingston, a former general counsel at the EEOC, said the usefulness of the harassment guidance may be considered an argument against the “one reg in, two out” executive order applying to guidance documents. “I don't think the executive order applies to the EEOC’s harassment guidelines. The EEOC’s guidelines, instead of being binding, merely inform the public on how the EEOC will interpret the anti-harassment provisions in the laws that the EEOC enforces.”