Trump’s EEOC nomination could break the deadlock—and reshape enforcement

After months of legal gridlock, the Equal Employment Opportunity Commission is about to get its quorum back—and a Republican majority with it.

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TL;DR: President Trump has nominated Brittany Bull Panuccio to serve as the third commissioner on the EEOC. Her confirmation would restore the Commission’s quorum and create a 2–1 Republican majority. That majority could steer the agency toward less litigation, more conciliation, and a renewed focus on intentional discrimination claims—while questioning expansive approaches to DEI, disparate impact, and gender identity protections.

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How we got here

In January, President Trump removed two Democratic commissioners: Jocelyn Samuels and Charlotte Burrows. Samuels has since sued, arguing that EEOC commissioners can’t be fired at will. That left just two sitting members:

• Andrea Lucas, a Republican, now serving as Acting Chair
• Kalpana Kotagal, a Democrat and former Biden appointee

With only two commissioners, the agency lacks a quorum. That means it can’t vote to bring litigation, issue guidance, or set formal enforcement priorities. In short: the EEOC has been frozen.

Panuccio’s confirmation would change that—restoring a quorum and handing Republicans a working majority.

What a quorum means for the EEOC

A quorum is more than a technical requirement—it’s what gives the Commission its power. With at least three members seated, the EEOC can:

• Vote to approve or dismiss litigation brought by the agency
• Issue, revise, or rescind formal guidance on how federal laws are enforced
• Adopt new strategic enforcement plans and policy initiatives

Without a quorum, the EEOC has been largely unable to act—especially on precedent-setting matters, save by issuing press releases and technical assistance documents. Restoring the quorum gives the Commission the ability to function again, and with a Republican majority, to do so in a more restrained, employer-friendly direction.

What a 2–1 Republican majority could mean

🟤 Increased scrutiny of DEI programs
Race- and gender-conscious goals may face legal challenges—especially if they create the perception of favoritism or exclusion.

📘 Narrower interpretations of civil rights law
Expect textualist readings of Title VII and resistance to expansive interpretations of gender identity protections and disparate impact theory.

🤝 More emphasis on conciliation and early resolution
The Commission may steer more cases toward voluntary settlement or mediation, rather than pursue high-profile litigation.

⚖️ Revisiting the EEOC’s PWFA rule
The Commission’s final rule under the Pregnant Workers Fairness Act includes abortion-related accommodations. A Republican majority may revisit that provision or shift enforcement priorities.

📊 Prioritizing intent-based discrimination
Acting Chair Andrea Lucas has distinguished between disparate impact and intentional bias. A Republican majority may focus on pattern-or-practice cases with evidence of deliberate discrimination.

🔬 Greater focus on biologically defined sex discrimination and religious accommodation claims
Lucas has spotlighted underenforced areas like religious bias, sex-based protections tied to binary definitions, and national origin discrimination based on perceived anti-American views. A Republican majority could elevate these as top agency priorities.

What employers should be doing now

✅ Check your policies
Review your company’s policies to ensure they promote fairness and compliance without creating unintended risks—for example, where DEI goals may raise legal questions under emerging EEOC priorities.

✅ Stay aware of new enforcement trends
The EEOC may focus more on clear cases of bias, including religious discrimination and unfair treatment of Americans based on national origin.

✅ Open to resolving issues early
Consider taking advantage of the EEOC’s voluntary mediation program, which is confidential, free, and often faster than litigation. Participating in early resolution can reduce risk, lower costs, and demonstrate a constructive posture to an agency that may place renewed emphasis on settlement over lawsuits.

The bottom line

This isn’t just about one nominee—it’s about rebooting the agency and changing its trajectory. With a quorum and a Republican majority, the EEOC can more fully resume operations. And if you’re in HR or legal, that means it’s time to reassess how your policies might look through a more conservative enforcement lens.