The EEOC is Back Baby! Now What?

Stay on top of changes, but don’t throw out the baby with the bath water.

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!