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A BIDEN ADMINISTRATION'S NEW VISION FOR THE AMERICAN WORKPLACE

Legal Era

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December 2020

A LOOK AT THE KEY CHANGES PRESIDENT-ELECT BIDEN IS LIKELY TO MAKE ONCE HE TAKES OFFICE

- James Hays,Greg BerkSean J. Kirby, Myles Moran

A BIDEN ADMINISTRATION'S NEW VISION FOR THE AMERICAN WORKPLACE

While legal challenges are still working their way through the courts, in all likelihood, President-elect Joe Biden will assume Presidency in January 2021. On the campaign trail, Biden touted an aggressive pro-employee vision for the American workplace. This stands in stark contrast to the pro-employer approach the Trump Administration has taken.

On the legislative front, Biden has advocated for many employee-friendly laws. However, in order to make the sweeping changes promised during his campaign, the Democrats will have to take control of the Senate – an outcome that is dependent on them winning two races set for January 5, 2021 in typically Republican Georgia.

Given the uncertainty of the control of the Senate, Biden’s Administration is more likely to pursue his agenda through executive action. When he takes office, Biden will have the opportunity to appoint a number of administrative positions and issue new executive orders. However, Biden’s ability to work through the executive branch could again be limited if the Democrats fail to take control of the Senate, as many of the most impactful positions require approval of the Senate prior to appointment.

Some of the key changes President-elect Biden will attempt to make when he takes office are described below.

Equity at the Workplace

Biden campaigned on the promise of increased equity in the workplace for members of historically disadvantaged communities. To that end, Biden has endorsed a number of statutes providing employees with new avenues to seek redress from employers.

Biden has expressed support for the Pregnant Workers’ Fairness Act (

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A LOOK AT THE KEY CHANGES PRESIDENT-ELECT BIDEN IS LIKELY TO MAKE ONCE HE TAKES OFFICE

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