Examining post-shutdown outlook for employers

In October, the Equal Employment Opportunity Commission (EEOC), the Department of Labor (DOL), and the National Labor Relations Board (NLRB) largely ceased operations as a result of the federal shutdown, with wide-ranging effects on investigations, union elections, and employer-facing services. With the federal government now fully operational after a record-breaking 43-day shutdown, employers should prepare for rapid normalization across agencies, as well as renewed enforcement and several policy inflection points likely to affect compliance planning in the near term.

EEOC: Quorum restored, policy shifts likely, and enforcement to accelerate

During the shutdown, the EEOC continued only the most essential intake functions and preserved filings through its public portal while investigations and mediations stalled. The commission has now regained quorum, and with the recent swearing in of Commissioner Brittany Panuccio, a Republican majority is positioned to revisit several recent initiatives.

You should anticipate potential revisions to the Pregnant Workers Fairness Act’s (PWFA) implementing rules and antiharassment guidance that incorporate protections for LGBTQ+ employees. Even absent immediate rescission, any recalibration will have downstream effects on training content, accommodation processes, and policy language adopted over the past year.