What Trump’s new EEOC nominee and changes to EEOC guidance mean for you

Recently, President Donald Trump nominated Assistant U.S. Attorney for the Southern District of Florida Brittany Panuccio to serve as a commissioner for the Equal Employment Opportunity Commission (EEOC). The EEOC was created as a bipartisan commission made up of five presidentially appointed members. However, it has been at a standstill because it currently has only two commissioners since President Trump fired Chair Charlotte Burrows and Vice Chair Jocelyn Samuels in January 2025. As Panuccio’s nomination has been moved to the full Senate for a confirmation hearing, the question arises: What would her confirmation (and the resulting quorum at the EEOC) mean for employers?

What is a quorum, and why is it important?

A quorum is a technical term that means the EEOC has the power to take action. For the EEOC to have a quorum, it must have at least three confirmed members. With a quorum, the EEOC is able to:

• Approve of or dismiss litigation filed on the agency’s behalf;
• Issue, revise, and/or rescind formal guidance on enforcing federal laws; and
• Adopt new enforcement strategies and initiatives.

Since the EEOC lost its quorum when President Trump fired members Burrows and Samuels as soon as he took office, the agency hasn’t been able to take any formal action. This has prohibited it from creating and issuing rules and policies that further the current administration’s political agenda.