On May 6, 2025, the United States Senate received President Donald Trump’s nomination of Brittany Panuccio to be a Member of the Equal Employment Opportunity Commission (EEOC). While Panuccio has yet to be confirmed, an appointment would mean that the EEOC would have a quorum for the first time since President Trump’s unprecedented termination of Commissioners Jocelyn Samuels and Charlotte Burrows this past January. It is important to note that the EEOC can carry out day-to-day tasks absent a quorum but cannot commence or intervene in select issues such as cases presenting systemic or widespread discrimination, cases expected to involve major expenditures, or cases presenting issues on which the Commission has taken a position contrary to precedent in the Circuit. The reinstatement of a quorum would allow these topics to be considered once again before the Commission.
The current chair of the EEOC is Andrea Lucas, who was promoted by President Trump in January. Lucas began her role as acting chair by aligning her initiatives with those of the Trump administration. These initiatives include deprioritizing discrimination claims made by nonbinary and transgender workers and opposing diversity, equity, and inclusion (DEI) programs. Lucas believes that the focus of the EEOC should be shifting its prioritization of protection towards anti-American national origin discrimination and religious bias and harassment. Further, the recent unanimous Supreme Court decision in Marlean A. Ames v. Ohio Department of Youth Services provides further support for increased litigation in the DEI space, as the justices held that majority group plaintiffs cannot be held to a higher evidentiary standard in workplace discrimination cases. Employers should be aware that should a quorum be met, the demographic of what individuals may bring forward discrimination claims will likely shift, as could the type of discrimination typically alleged.
Lucas has also been vocal about her opposition to certain provisions of the Pregnant Workers Fairness Act (PWFA). PWFA went into effect in July of 2023, and requires employers to provide reasonable accommodation to employees’ known limitations due to pregnancy, childbirth, or other related medical conditions. However, Lucas believes that PWFA too closely conflates pregnancy and childbirth accommodations with the accommodations given to female biology and reproduction. Though PWFA remains intact for the time being, this may change should Panuccio be confirmed by the Senate.
Employers should remain diligent of changing regulations in regard to equal employment laws. If you have any questions regarding these updates, please contact Dani Smid or your BrownWinick attorney. Special thanks to summer associate Molly Globokar for her assistance with this blog.