Anticipated changes at EEOC under incoming administration may be slow

The second Trump administration will undoubtedly bring changes to the Equal Employment Opportunity Commission (EEOC). Significant changes are not likely to occur immediately, however, given that the agency will have a Democratic majority until 2026.

Commission’s composition

The EEOC is composed of five presidentially appointed members, including the chair, the vice chair, and three commissioners. Although the Democratic majority will persist for a couple of years, the incoming administration will likely appoint a new chair. The most likely candidate for this role is Andrea Lucas, who is currently the sole Republican commissioner.

The appointment of Lucas could affect the EEOC’s interpretation of existing laws. For example, she recently voted against the EEOC’s final rule on the Pregnant Workers Fairness Act (PWFA) and criticized the broad spectrum of conditions the final rule said were to be covered. The appointment of a Republican chair may also cause the agency to refocus on conciliation and mediation efforts as opposed to its current litigation-focused approach. If this is the case, employers would have greater opportunities to reach early settlements with the EEOC.

Rolling back DEI

On a more granular level, the EEOC might focus on diversity, equity, and inclusion (DEI) over the next four years.