What having a quorum will mean for EEOC

On October 28, Brittany Panuccio was sworn in as an Equal Employment Opportunity Commission (EEOC) commissioner after being confirmed by the Senate right before the government shutdown. Having her sworn in gives Andrea Lucas her first quorum as EEOC chair. With its quorum restored, the EEOC is expected to act on key policy and enforcement priorities, including increased scrutiny of certain diversity, equity, and inclusion (DEI) programs, revisions to existing guidance, and the authorization of significant litigation.

Employers should anticipate a greater focus on areas such as religious accommodations, harassment, anti-American bias, and potential shifts in how DEI initiatives are evaluated. This also means that systemic and “pattern or practice” lawsuits, which were previously stalled, can now move forward more quickly.

Key areas of focus

DEI programs. The EEOC is expected to scrutinize DEI initiatives that may result in unlawful race- or sex-based discrimination. Employers should reassess their programs to ensure they are compliant and consider conducting adverse impact and pay studies.

Religious accommodation. There will be an increased emphasis on religious discrimination, including a focus on religious accommodations and potentially increased faith-based lawsuits against employers. Employers should review and audit their religious accommodation policies and ensure supervisors are properly trained.