The Equal Employment Opportunity Commission (EEOC) has been without a quorum for months. No quorum, no power. (Let’s skip the what happened and how we got here.)
The EEOC should have a quorum very soon: 3 members–2 Republicans and one Democrat holdover. When the newest member is confirmed,* It can once again:
- Issue, revise or rescind formal guidance on federal law enforcement–expect recission of Biden era guidance;
- Adopt new policies and strategic enforcement plans of pertinent laws–including ending aggressive enforcement of gender identity issues;
- Approve or dismiss litigation brought by its agency.
WHAT TO EXPECT FROM REPUBLICAN MAJORITY? Given the current administration’s goals, we can expect DEI to face challenges; an emphasis on binary definitions and religious bias; review and repeal of the PWFA abortion-related accommodations’ final rule; narrower interpretations of disparate impact under Title VII; and a more conservative approach to enforcement overall. Expect more attention to a failure to accommodate religion and religious discrimination and no more pronoun enforcement.
WHAT TO DO:
- Review your policies: Make sure your DEI policy does not prioritize race or sex over merit or aptitude. Unsure? Give us a holler.
- Do not forget state laws: Many states have discrimination laws that are broader and provide more protections than the federal government. Do not throw out the baby with the bath water.
- Keep up with enforcement trends and guidance: Which is our day job, full-time so we can help there too.
REMEMBER: The federal discrimination laws are still on the books! How they will be enforced is the big issue now with the EEOC back in business. Questions? We can help.
*In the unlikely event she is not confirmed, we will let you know!