The Equal Employment Opportunity Commission (EEOC) is currently undergoing strategic reorientation under the leadership of Acting Chair Andrea R. Lucas. While enforcement priorities are being re-calibrated, the agency’s ability to implement broad policy adjustments is presently constrained by its lack of a quorum. Galloway’s employment law team explores the EEOC’s evolving priorities and the practical implications of the Commission’s current operational status for employers.
New EEOC Leadership, New Direction
Employers should expect the EEOC to pursue what Acting Chair Lucas describes as the “balanced” and “evenhanded” enforcement of civil rights laws for all Americans, rejecting what she terms “identity politics.” A primary focus of her strategy, aligned with the Trump Administration’s Executive Orders, is a heightened scrutiny of Diversity, Equity, and Inclusion (DE&I) Initiatives, raising specific concerns about “DEI-related discrimination” and potential “reverse discrimination claims.”
EEOC Raises Concern Over DEI
In particular, Acting Chair Lucas has:
- Cautioned against segregating employees based on protected traits for DE&I activities, emphasizing that such practices may lead to unlawful discrimination.
- Affirmed that Employee Resource Groups (ERGs) must be inclusive and open to all employees, not limited by protected characteristics.
- Indicated an intent to scrutinize DE&I programs that may “exclude American workers or reflect politically motivated bias.”
- Highlighted that employment actions motivated by race, sex, or other protected characteristics—even if intended to foster diversity—are prohibited, and the use of quotas or “workforce balancing” is unlawful.
To reduce exposure to EEOC scrutiny, employers can undertake an immediate review of their policies, a recommendation consistent with the Practice Tips we previously provided.
Additional Enforcement Priorities: Religion, National Origin, and Gender
Employers may see an emphasis and a renewed focus on claims of national origin discrimination, and a prioritization of religious discrimination, including antisemitism.
Reflecting President Trump’s Executive Order 14168, which advocates for a biological and binary interpretation of “sex,” Acting Chair Lucas’s approach to the EEOC’s advocacy underscores this definition. She has indicated her intent to roll back previous EEOC guidance on gender identity, including related resources and the use of non-binary gender markers in EEOC processes. Furthermore, Ms. Lucas has stated a priority to defend “women’s rights to single-sex spaces at work” and aims to return the EEOC “to its mission of protecting women from sexual harassment and sex-based discrimination in the workplace.”
The agency has also deprioritized enforcement of “disparate impact” claims—those where neutral practices have unequal outcomes—in favor of cases of intentional discrimination.
What the Lack of Quorum Means for Employers
As indicated, the lack of a quorum has limited the impact of these policy directions to date. This is because the EEOC is a five-member Commission, and three members are needed for formal votes. In January 2025, President Trump removed two Commissioners, leaving the agency with only two members. Without a quorum, the EEOC is unable to initiate formal rulemaking or issue, modify, or revoke formal guidance. It is also restricted from initiating certain types of new litigation, such as systemic or pattern-and-practice cases.
Even without the ability to engage in formal rulemaking, the EEOC has signaled a clear strategic redirection of enforcement priorities, particularly concerning DE&I and a narrower interpretation of sex for enforcement purposes.
Next Steps for Employers
Armed with this knowledge, employers can better focus their internal human resource efforts and be mindful of issues now higher on the EEOC’s radar. Should a quorum be restored, these policy changes could be formalized by rulemaking and formal guidance. We will continue to keep you up to date on significant developments.
Disclaimer: This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between Galloway and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions.
