U.S. Department of Labor Cancels TEN 21-24 to Implement DEI Executive Order

February 27, 2025 — Former Congresswoman Lori Chavez-DeRemer, President Trump’s nominee to lead the U.S. Department of Labor (DOL), got one step closer to final confirmation today. This morning the Senate Health, Education, Labor and Pensions (HELP) Committee advanced her nomination on a 14-9 vote. Three Democrats, including Senators Tim Kaine (D-VA), John Hickenlooper (D-CO), and Maggie Hassan (D-NH) joined all but one Republican, Sen. Rand Paul (R-KY), in voting to advance DeRemer’s nomination to the full U.S. Senate. DeRemer’s nomination is likely to be considered by the full Senate next week, and we will keep you posted as this develops.

Following the vote, the HELP Committee held a hearing on President Trump’s nomination of Keith Sonderling to serve as DOL Deputy Secretary—the second highest political appointment position within the agency who would also serve as chief operating officer, overseeing 17,000 employees, and a $14 billion budget. Sonderling formerly ran the DOL Wage and Hour Division and served on the Equal Employment Opportunity Commission during the first Trump Administration. Sonderling was introduced by Sen. Rick Scott (R-FL), a fellow Floridian, who highlighted his work in the state as the hearing got underway.

Chairman Bill Cassidy (R-LA) opened the hearing by noting that the wants to hear how the deputy secretary will implement President Trump’s agenda to create economic growth nationwide.

Sonderling began his testimony by sharing what he called “a fundamental characteristic of who I am” as a grandson of Holocaust survivors who faced religious discrimination and barriers to employment once they arrived in America. He highlighted his previous work under the first Trump Administration at DOL and argued that his record, including bipartisan support for his confirmation during that time, makes him well suited to serve in this new capacity.

Cassidy began the questioning of Sonderling by highlighting the need for flexibility for gig workers. Sonderling committed to reviewing independent contractor regulations that are currently under litigation.

Sen. Patty Murray (D-WA) attempted to get clarification on how the Trump Administration’s executive order on diversity, equity, and inclusion (DEI) is being interpreted and subsequently implemented. She noted that current WIOA law calls for engaging “individuals with a barrier to employment” and asked if that would qualify as DEI. She noted that there is no standard definition of DEI and emphasized the need to be careful in this area because of this uncertainty. She also raised DOL’s Office of Federal Contract Compliance Programs and questioned whether Sonderling believes that taxpayer funds should go to companies that discriminate. Sonderling pledged to ensure that all DOL funds are producing results, “We will look at all federal dollars going into workforce training development…and that dollars going to your states are producing those results,” he said.

Sen. Roger Marshall (R-KS) highlighted the importance of workforce development, especially apprenticeship programs and asked how the nominee would empower the workforce of the future with the necessary skills needed for employment. Sonderling agreed with these sentiments and highlighted his support for making alternative postsecondary pathways, like apprenticeship, appealing to more people. Marshall also highlighted the importance of measuring what matters most within workforce development, emphasizing the importance of being able to answer key questions such as whether participants secured a job, whether they ended up with debt during their education or training, and increased earnings over the short- and long-term.

Sen. Tim Kaine (D-VA) asked about the number of people who have lost jobs at DOL, especially veterans. He noted that 30% of the federal workforce are veterans, and that half of those are disabled. Kaine argued forcefully about the importance of protecting all Americans’ rights in the workplace, using these examples.

Sen. Jon Husted (R-OH) inquired about the Bureau of Labor Statistics continuation of issuing data to ensure we have public trust. Husted also highlighted the importance of apprenticeships and Career and Technical Education. Sonderling committed to ensuring that DOL would provide trustworthy data and information to the public under his watch and agreed about the importance of ensuring more Americans have high-quality options to career success.

Sen Maggie Hassan (D-NH) inquired about DOL layoffs and pressed the nominee on what he would do “if asked by the president to break the law.” Sonderling replied, “President Trump would never ask me to do that.” Hassan asked about the steps Sonderling will take to protect sensitive personal information of Americans. She noted that Elon Musk has gotten $38 billion in subsidies from federal government sources, and that he has ongoing complaints from employees at his companies. Sonderling argued that the Trump Administration remained committed to ensuring that there would be no conflicts of interest at DOL.

Sen. Jim Banks (R-IN) asked about artificial intelligence (AI), noting that it holds a lot of promise but also threatens to negatively impact many existing jobs. Sonderling noted that any use of AI in the workforce must comply with current health and safety laws. He added that we need to ensure the American workforce is getting trained on this technology, and that these tools are being developed in the U.S. Finally, Banks noted that putting America first means holding companies accountable for enforcing immigration laws, and asked the nominee to commit to allowing ICE to enter workplaces to enforce immigration laws. Sonderling committed that all applicable immigration and workforce laws will be enforced.

Sen. Lisa Blunt Rochester (D-DE) a former Delaware state department of labor secretary, expressed concern about employees who were laid off at DOL and the way that programs serving persons with disabilities could be affected by anti-DEI initiatives. She also noted that we have a national workforce shortage, but that we are firing people we need.

Sen. Lisa Murkowski (R-AK) urged the nominee to focus on the challenge of apprenticeships in rural areas, an important geographic consideration in Alaska. She also said that there is no local workforce to meet Alaska’s seasonal seafood labor needs and highlighted the need to work constructively on guest worker visa programs to help address these challenges.

Sen. Angela Alsobrooks (D-MD) noted that her constituents who work at DOL received conflicting messages about responding to the request for five things they did that week. Sonderling said he was not involved with that and committed to complying with all laws and regulations. Alsobrooks asked if that includes collective bargaining agreements in place at DOL.

Sen. Josh Hawley (R-MO) raised the issue of AI in hiring, and if the technology should play a role in federal hiring. Sonderling noted that AI tools “need to be developed, designed, and deployed” in the U.S. Hawley indicated his desire to make sure our workers are benefitting from this technology, “not being ravaged and preyed upon by this technology.”

Sen. Andy Kim (D-NJ) continued discussing AI and Sonderling noted that it has the potential to be less discriminatory in hiring practices than people can be. Sonderling noted that displaced jobs due to AI is likely inevitable and, for this reason, we need to make sure we have the tools to upskill and reskill workers. Kim also asked whether OSHA is sufficiently funded. Sonderling committed to doing a full review of all programs and agencies across DOL.

Sen. Ashley Moody (R-FL) stated that DOL must return to its core mission of making Americans productive and focused her comments on emphasizing the need to allow states to pass laws that suit their needs.

Sen. Tammy Baldwin (D-WI) noted that President Trump wants to bring back presidential impoundment authority and asked Sonderling if he would adhere to congressional directives on funding. “I will always follow the law,” he responded. Baldwin also expressed concern about workplace violence especially for health care personnel and social workers, as well as concerns about DOGE’s involvement in medical and financial records of Americans. Sonderling noted ongoing lawsuits on this issue and declined to comment further due to the ongoing litigation.

Sen. John Hickenlooper (D-CO) raised the recent firing of DOL’s inspector general (IG), noting the lack of transparency, and asked about the rationale for that action. Sonderling noted that the current acting IG will be independent, but noted he was unsure of the vetting process. In response to the protections that a potential whistleblower would have, Sonderling noted that OSHA whistleblower laws will be enforced.

Sen. Ed Markey (D-MA) whose father lost a finger in a workplace accident as a young man, shared statistics about workplace safety: that there are 5,000 workplace fatalities each year, and that workers lose 200 limbs or fingers each month in America. He added that there was just one safety inspector for every 4,300 workplaces in America.

We expect Sonderling’s nomination to be further considered by the HELP committee in the coming weeks. He is already at work as an advisor at the Department of Labor while awaiting confirmation.

We look forward to working with DOL’s incoming leadership to collaborate with workforce boards and engage business leaders to address workforce shortages and upskill earners and learners with the skills they need to be successful.