- within Immigration topic(s)
The U.S. Senate's confirmation of Brittany Panuccio as a commissioner of the U.S. Equal Employment Opportunity Commission (EEOC) is highly significant because it restores the quorum needed for many EEOC actions. The EEOC requires a simple majority vote to approve actions, but for most of the year, EEOC actions have been hobbled by only two sitting commissioners. With the addition of Panuccio, that number rises to three, creating a 2–1 Republican majority in a situation where only two votes are necessary to move EEOC actions forward. Panuccio, a former assistant U.S. attorney in Florida, will serve as an EEOC commissioner through 2029.
Title VII of the Civil Rights Act of 1964 allows the EEOC to act only when at least three of its five commissioners are in place. In early 2025, President Donald Trump removed two Democratic commissioners from the EEOC, leaving the commission with only two members, which did not constitute a quorum. The lack of quorum has severely constrained the EEOC's ability to act during 2025. Although the agency continued to accept and investigate discrimination complaints, issue right-to-sue notices, and move forward with pending cases, many of its other normal functions ceased. For instance, without a quorum, the EEOC cannot issue new regulations, rescind existing regulations, or pursue large-scale litigation.
As a result, the restoration of the quorum is likely to have significant effects on the agency. The EEOC may revisit and potentially rescind Biden administration guidance and regulations on various discrimination issues, particularly as they relate to inclusion and diversity (I&D) initiatives, harassment based on gender and gender identity, race or sex-based decision policies, and disparate impact claims. Some also expect the EEOC to expand its religious accommodation claims in the wake of the U.S. Supreme Court's Groff decision.
HBL has experience in all areas of benefits and employment law, offering a comprehensive solution to all your business benefits and HR/employment needs. We help ensure you are in compliance with the complex requirements of ERISA and the IRS code, as well as those laws that impact you and your employees. Together, we reduce your exposure to potential legal or financial penalties. Learn more by calling 470-571-1007.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
[View Source]