EEOC Is Back in Action: What Employers Need to Know Now

After months of limited activity, the EEOC has its quorum back — and that means it can officially move forward with policy changes, enforcement priorities, and litigation decisions. For employers, this marks a significant shift worth watching closely.

With the confirmation of Commissioner Brittany Panuccio, the EEOC now holds a 2–1 Republican majority among its three seated commissioners. That gives the agency the green light to resume decision-making and vote on the direction of key initiatives.

Here’s what employers need to know about where things stand and what to expect next.

Why This Matters for HR and Business Leaders

The EEOC enforces laws that affect hiring, discipline, promotions, pay equity, harassment claims, accommodations, and much more. When the agency regains the ability to vote on policy, it opens the door to changes that can impact how businesses approach compliance and manage risk.

Some early indications suggest the EEOC is revisiting:

• The scope of investigations related to gender identity

• Previously filed cases involving sex-based protections

• Its approach to claims involving “disparate impact” — where neutral policies may unintentionally disadvantage protected groups

At the same time, the agency is still bound by federal law and precedent, including the Bostock v. Clayton County ruling on LGBTQ+ protections under Title VII. So while the agency may shift focus, the legal obligations for employers remain.

What to Watch For

With the quorum restored, employers should anticipate potential movement on:

• Harassment Guidance: The EEOC may reexamine Biden-era Harassment Guidance around pronoun usage, bathroom access, and what qualifies as sex-based harassment under Title VII.

• Pregnant Workers Fairness Act (PWFA): The agency may narrow required accommodations, particularly those related to reproductive health.

• DEI Programs: Diversity, equity, and inclusion efforts could face new scrutiny if perceived to involve unlawful preferences or quotas.

• EEO-1: practices may be reassessed.

What Employers Can Do Now

This isn’t a call to abandon your values or overcorrect. But it is a good time to ensure your policies, practices, and trainings are compliant and well-documented.

Here’s how to stay prepared:

• Audit your DEI initiatives to confirm they’re based on neutral, job-related criteria and are in compliance with federal, state and local anti-discrimination laws (more on that in our next blog).

• Refresh your anti-harassment policies and ensure they still align with Bostock and applicable state laws.

• Revisit reasonable accommodation procedures for pregnancy, religion, and disability and be prepared to update these as necessary.

• Watch for updates from the EEOC on reporting changes or enforcement plans.

Smart employers will stay ahead by keeping their compliance practices current - and rooted in fairness, transparency, and good documentation.

Want help reviewing your current policies or DEI practices? We can help you build programs that are inclusive, defensible, and ready for what’s next.