The EEOC Finally Has a Quorum: What Should Employers Expect?

Currently, the Equal Employment Opportunity Commission (EEOC) is closed due to the federal government shut down. However, once the government reopens, it will likely be full steam ahead because now, for the first time in months, the EEOC has a quorum.

In October, the Senate confirmed Brittany Panuccio (Republican) to one of the vacant EEOC Commissioner seats. Ms. Panuccio joins Kalpana Kotagal (Democrat) and Andrea Lucas (Republican), giving the EEOC a quorum for the first time since January.  Although the EEOC may have up to five Commissioners, only three Commissioners are required for a quorum. The EEOC still has two empty Commissioner roles.

Additionally, last week, President Trump designated Ms. Lucas as Chair of the EEOC. Ms. Lucas has been the Acting Chair since January. Over the last several months, Ms. Lucas has outlined her strategic goals for the EEOC during her tenure. With a quorum, the EEOC can now vote to bring lawsuits and issue formal policy and guidance to advance Ms. Lucas’ priorities, which will likely include the following:

• Revisiting the EEOC’s regulations and guidance regarding the Pregnant Workers Fairness Act, with a focus on limiting the types of medical conditions that require a workplace accommodation;
• Investigating workplace diversity, equity, and inclusion programs; and
• Updating anti-harassment guidance issued during the Biden administration, with a focus on gender identity harassment.

Once the government reopens, it is likely that the EEOC will make up for lost time on several of these initiatives, which may create new responsibilities and requirements for employers.

If you have questions about the EEOC’s current priorities or other labor and employment law issues, contact Megan E. Bennett or another member of the Frantz Ward Labor and Employment Group.