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February 6, 2025
After taking office, President Trump issued a series of Executive Orders that have prompted questions about the status of the U.S. Equal Employment Opportunity Commission (EEOC). On February 4, 2025, the EEOC issued a bulletin responding to some of those questions “to help guide the public and the media.”
Title VII of the Civil Rights Act of 1964 provides for EEOC leadership to be comprised of five Commissioners, with at least three Commissioners needed for a quorum. As of January 28, 2025, the EEOC has only two Commissioners. This lack of a quorum means that the EEOC cannot vote on rulemaking, issue new policies, or rescind guidance documents. However, the lack of a quorum does not impact the intake, processing, investigation, or resolution of charges of discrimination, nor does it impact the issuance of notices of right to sue.
In addition, in December 2024, the EEOC voted to approve a limited delegation of authority in the event of a loss of quorum. This limited delegation allows certain matters that otherwise would require a majority vote of the EEOC to be handled temporarily by other EEOC decision makers.
Overall, the EEOC bulletin confirmed that the EEOC remains active and “fully committed to protecting the civil rights of all Americans, advancing individual equal opportunity for all, and relentlessly combatting private sector and public sector discrimination.”
This article is designed to provide one perspective regarding recent legal developments, and is not intended to serve as legal advice. Always consult an attorney with specific legal issues.
