The Equal Employment Opportunity Commission (EEOC) once again has a quorum, and employers may see changes to regulations and guidance on employment discrimination when the government reopens. On October 7, Brittany Panuccio, nominated by President Trump to be the third EEOC Commissioner, was confirmed by the U.S. Senate. Sky Transport Solutions helps employers understand what this means and prepare for potential regulatory changes.
Quorum Restored
Confirmation Date: October 7, 2025
New Commissioner: Brittany Panuccio
Now that Panuccio has been confirmed and the commission has a quorum, it will likely move forward with issuing changes in the near future.
What Having an EEOC Quorum Means
The EEOC's commission leadership panel is comprised of five commissioners, one of whom is designated by the president as chair or acting chair. Three commissioners constitute a quorum at the agency. Since January 28, the commission has only had two commissioners and thus no quorum.
EEOC Quorum Requirements:
- The EEOC has five commissioners total
- Three commissioners constitute a quorum
- The commission had only two commissioners from January 28 until October 7, 2025
- The EEOC needs a quorum to vote on rulemaking, issue new policies, or rescind guidance documents
3 Changes Now That There's a Quorum
With the quorum restored, the EEOC can now take action on several pending issues. However, even though Panuccio's nomination has been approved by the U.S. Senate and the commission now has a quorum, the EEOC will likely not act on any issues or changes until the government shutdown has ended.
1. Poster Updates
The EEOC could move forward with an update to the federal "Know Your Rights: Workplace Discrimination is Illegal" posting. Since February, the agency's posting website has indicated that this poster, which must be displayed by employers with 15 or more employees, is undergoing revisions because of wording changes that are needed under the "Defending Women from Gender Extremism and Restoring Biological Truth to the Federal Government" executive order that was issued on January 20.
Change Needed: The poster indicates that sex discrimination includes gender identity discrimination, but the executive order says sex does not include the concept of gender identity.
2. DEI Focus
Emphasis on investigations of diversity, equity, and inclusion (DEI) practices will likely be on the EEOC's radar. Based on President Trump's January 21 executive order titled "Ending Illegal Discrimination and Restoring Merit-Based Opportunity," the EEOC's focus is likely to shift to DEI programs they believe result in unlawful race- or sex-based decision-making, rather than individual merit and equal opportunity principles.
Expected Focus: The EEOC may investigate DEI programs that result in unlawful race- or sex-based decision-making, emphasizing individual merit and equal opportunity principles instead.
3. PWFA Changes
The EEOC will likely amend the Pregnant Workers Fairness Act (PWFA) final regulations. Expected edits include removing some conditions requiring accommodation under the PWFA, including menstruation, infertility, abortion, and menopause.
PWFA Background:
The PWFA requires employers with 15 or more employees to provide reasonable accommodations to an applicant's or employee's known limitations related to, affected by, or arising out of pregnancy, childbirth, or related medical conditions, unless the accommodation will cause an undue hardship.
When the EEOC voted on the final regulations in April 2024, Commissioner Andrea Lucas, who now serves as EEOC chairperson, issued a public statement that she believed the final rule went too far by extending protections to "any aspect of the female reproductive system."
Key Takeaway from Sky Transport Solutions
The Equal Employment Opportunity Commission (EEOC) has a quorum, but anticipated changes to posters and the PWFA are still delayed by the ongoing federal government shutdown. Sky Transport Solutions recommends that employers monitor EEOC developments closely and prepare for potential changes to workplace discrimination posters, DEI program guidance, and PWFA regulations once the government reopens.
Impact on Employers
Once the government shutdown ends, employers should be prepared for potential changes in several areas:
- Workplace Posters: Employers with 15 or more employees may need to update their "Know Your Rights" poster if the EEOC revises it
- DEI Programs: Employers should review their DEI programs to ensure they comply with merit-based principles and don't result in unlawful discrimination
- PWFA Compliance: Employers may see changes to PWFA regulations that could affect accommodation requirements
- EEOC Enforcement: The restored quorum means the EEOC can now issue new policies and guidance documents
How Sky Transport Solutions Can Help
At Sky Transport Solutions, we understand that EEOC compliance is critical for employers. Our team can help companies:
- Monitor EEOC developments and regulatory changes
- Update workplace discrimination posters when new versions are issued
- Review and revise DEI programs to ensure compliance with EEOC guidance
- Understand and comply with PWFA regulations and any upcoming changes
- Develop employment policies that comply with EEOC requirements
- Train managers and HR staff on EEOC compliance
- Respond to EEOC charges and investigations
- Stay informed about EEOC rulemaking and policy changes
- Ensure compliance with all federal employment discrimination laws
As the EEOC moves forward with its agenda once the government shutdown ends, Sky Transport Solutions can help your organization stay compliant and prepared for regulatory changes. Contact us today to ensure your employment practices align with EEOC requirements.
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