EEOC moves quickly to act before end of Trump administration

The Equal Employment Opportunity Commission (EEOC) finally has a full complement of five members—two Democrats (Charlotte Burrows and Jocelyn Samuels) and three Republicans (Chair Janet Dhillon, Vice Chair Keith Sonderling, and Commissioner Andrea Lucas). With a full commission, Chair Dhillon has held two public hearings in quick succession—the first on November 2 to vote on the revised Memorandum of Understanding (MOU) with the Office of Federal Contract Compliance Programs (OFCCP) and the U.S. Department of Justice (DOJ) and the second hearing to consider revised guidance on religious discrimination.

The EEOC approved signing the MOU on a party-line vote, although the Democratic commissioners raised serious issues about the impact on the commission's independence. The EEOC also approved the issuance of revised guidance on religious discrimination 3-2, although again the Democratic commissioners questioned why it was necessary to push the changes without due consideration of their impact.

OFCCP, EEOC, DOJ sign revised MOU

On November 3, 2020, the OFCCP, the EEOC, and the DOJ executed a signed MOU (https://www.eeoc.gov/sites/default/files/2020-11/Fully%20Executed%20OFCCP%20EEOC%20DOJ%20MOU%2011-3-20.pdf) after the EEOC approved it along party lines on November 2. Some of the MOU's most significant provisions: