Over the last four weeks, federal agencies have seen many changes, and the Equal Employment Opportunity Commission (EEOC) is no exception. The Commission has lost its General Counsel as well as two commissioners. In addition to the loss of key personnel, the new administration is changing the focus of the EEOC’s enforcement efforts. Let’s unpack what these changes mean for employers.

Lack of a Quorum at the EEOC

As a bipartisan organization, the Commission is made up of five members, with vacancies filled by appointment by the President. Each commissioner serves a staggered, five-year term so that any given President cannot appoint all members on the Commission.

As of Inauguration Day, January 20, 2025, the EEOC had three Democratic commissioners, one Republican commissioner and a vacancy that the new President could fill. None of the Democratic commissioners’ terms would have expired until 2026. On January 21, 2025, however, President Trump appointed the sole Republican commissioner, Andrea Lucas, as the Acting Chair of the EEOC. A week later, the President fired two of the Democratic commissioners and the EEOC’s General Counsel, Carla Gilbride. Because the Commission needs at least three members to form a quorum, with only two members right now, the EEOC is unable to take certain actions.

Why Employers Should Care About EEOC Changes

Headquartered in Washington, D.C. the EEOC enforces most of the federal workplace discrimination laws, including Title VII, the Pregnant Workers Fairness Act (PWFA), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Genetic Information Nondiscrimination Act (GINA), and the Equal Pay Act. While the Commission in D.C. sets policy and litigates discrimination cases, the 53 EEOC field offices throughout the country help employees file discrimination claims and investigate those claims, which can result in probable cause or no probable cause determinations against employers. Changes in EEOC personnel and strategy can affect enforcement actions and what employers can expect from EEOC investigators.

What Could These Changes Mean?

Acting Chair Lucas articulated a change in direction for the EEOC. In a January 21, 2025 EEOC press release announcing her appointment as acting chair, Lucas stated, “[M]y priorities will include rooting out unlawful DEI-motivated race and sex discrimination; protecting American workers from anti-American national origin discrimination; defending the biological and binary reality of sex and related rights, including women’s rights to single‑sex spaces at work; protecting workers from religious bias and harassment, including antisemitism; and remedying other areas of recent under-enforcement.” In addition, although the EEOC cannot issue or revoke formal guidance or policies without a quorum, the Acting Chair may revoke “technical assistance” documents. As of the date of this article, technical assistance documents regarding the EEOC’s interpretations regarding LGBTQ discrimination and its 2015 fact sheet explaining the EEOC’s position regarding a transgender employee’s access to restrooms appear to have been removed from the EEOC’s website.

So, what does this really mean for employers? First, it is likely that the two fired Democratic commissioners will take legal action to dispute their terminations. That may take some time to get resolved through the courts. In the meantime, the change in direction appears likely to mean that the EEOC will look into whether employers’ DEI programs that arguably give priority to minorities in hiring, promotions, or other employment actions adversely affect non-minorities. It also likely means that LGBTQ and transgender discrimination will not be an enforcement priority as this administration is seeking to define gender as only male and female.

What The EEOC Changes Don’t Mean

While the shift in the EEOC’s stance may create confusion, the EEOC will continue to process and investigate discrimination charges. Absent further changes, current litigation will likely continue to move forward. Employers should continue to follow all federal employment discrimination laws and take all reports of discrimination, harassment, and/or retaliation seriously. And when in doubt, consult with your experienced employment counsel!

This article is meant for educational purposes only and is not intended to provide legal advice.