With a Republican majority and quorum now in place, things may start to happen
In early October 2025, as a government shutdown was ongoing, the U.S. Senate confirmed Brittany Bull Panuccio to serve on the Equal Opportunity Employment Opportunity Commission (EEOC or Commission), for a term expiring in 2029. This action establishes a Republican majority and restores a quorum at the EEOC. Lacking this majority and quorum, the EEOC has been unable to conduct much business over the past 10 months.
Panuccio was confirmed — along with more than 100 other Trump administration nominees for filling numerous roles throughout the federal government — as part of a package. The Senate recently changed the procedural rules to allow voting on the confirmation of “large groups” of nominees, without a numerical limit on how many nominees may be included in such groups.
While the EEOC hasn’t yet officially announced its priorities for the months ahead, the Trump administration-appointed Commission Chair, Andrea Lucas, was clear about what to expect when she was named Acting Chair back in January 2025.
My 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.
With the Panuccio confirmation, the EEOC is now fully geared up to advance President Trump’s America First agenda.
What this Means for Employers
Diversity, Equity and Inclusion (“DEI”): Employers can anticipate scrutiny of any suspected DEI initiatives and programs, with the goal of eliminating any such activities the Commission deems to violate the anti-discrimination laws it enforces. Employers can expect the Commission to take a very broad view of the DEI activities it considers illegal, beyond just hiring, promotion, and compensation practices. Employers need to be prepared for government examination of all training curricula, mentoring programs, and any special employee resource groups they may support.
Religious Rights: The EEOC is expected to place heavy emphasis on protecting workers’ religious rights and the need to provide accommodation to employees’ religious beliefs. Employers can anticipate an uptick in religious discrimination and antisemitism claims.
Gender/Sex: The newly reconstituted Commission is expected to interpret anti-discrimination laws premised on the concept of men and women as biologically distinct sexes and not give much credence to what the Trump administration refers to as “gender ideology.” This means a likely de-emphasis by the EEOC on enforcing the anti-discrimination laws that previously had been thought to protect LGBTQ employees and taking a narrower view of what those protections are. Prior EEOC guidance addressing LGBTQ+ protections will probably be revised, with anticipated emphasis on biological sex distinctions and single-sex facilities. Employers can anticipate changes to the harassment guidance for transgender employees, as well as to the regulations surrounding the Pregnant Workers Fairness Act, as discussed below.
Pregnant Workers Fairness Act (PWFA): EEOC Chair Lucas has been vocal about her strong disagreement with the expansive regulations of the PWFA. Although the EEOC does not have the authority to erase the Act’s protections entirely, it can modify and narrow the definitions of what conditions are protected (e.g. abortion coverage), and what specific accommodations are required by employers.
While there may be changes to the PWFA at the federal level, state laws will still apply. In New Hampshire, where Orr & Reno is located, legislation passed in 2023 mirrors the PWFA in many respects and requires employers to provide minimum workplace support for pregnant and nursing women. So employers need to keep aware of relevant state law related to pregnant workers.
Focus on Government Contractors
The Department of Justice (DOJ) is using the False Claims Act (FCA) and its newly formed Civil Rights Fraud initiative to enforce the Trump administration’s anti-DEI initiatives and has encouraged government contract workers to report employers that are alleged to be practicing “illegal DEI.” According to Reuters, using the FCA to prosecute employers for violations of Title VII of the Civil Rights Act of 1964 is a major departure from tradition, and such FCA actions likely will be tested in the courts.
Last summer, U.S. Attorney General Pam Bondi issued guidance to recipients of federal funds on the Trump administration’s priorities regarding unlawful discrimination, including clear warnings about DEI concepts and activities. Despite this guidance, the Trump administration has not yet explicitly defined what constitutes “illegal DEI policies,” and employers may well be uncertain about how to comply without further guidance.
Stay Alert and Responsive
For employers, this is an opportunity for a comprehensive review of your current employment framework. How adaptable and responsive is this framework to a changing regulatory environment?
In uncertain times, success often depends on flexibility and willingness to modify practices as necessary. The policy environment can change overnight. For many employers, the best way forward will involve maintaining compliance awareness and revisiting current policies. Developing a game plan to comply — and determining the level of risk exposure — is a good idea. For employers who are federal contractors, having a plan would be especially important if an audit by the Office of Federal Contract Compliance Programs (OFCCP) is pending.
If you would like assistance developing your game plan — or have any other questions or concerns about how these changes at the EEOC could affect your business or non-profit organization — don’t hesitate to contact Orr & Reno.
