Back in Business: EEOC's Restored Quorum Explained and a Look Forward to 2026

The recent confirmation of Brittany Panuccio as a commissioner of the U.S. Equal Employment Opportunity Commission (EEOC) and appointment of Andrea Lucas as chair have restored the EEOC's quorum. With this, employers should expect increased activity from the EEOC, with specific focuses including investigating alleged "unlawful" diversity, equity and inclusion (DEI) initiatives, revising the Pregnant Workers Fairness Act (PWFA), expanding religious accommodations and shifting priorities away from LGBTQ+ protections.

Background and Recent EEOC Updates

On Oct. 7, 2025, the U.S. Senate confirmed Panuccio as the third EEOC commissioner, enabling the agency to have a quorum for the first time since January 2025. The EEOC had lacked a quorum following the termination of two Democratic commissioners, leaving the agency with only two sitting members. The EEOC now has the three-member threshold necessary to revise and replace regulations, issue new guidance, bring increased enforcement actions and approve major litigation.

Coming on the heels of Commissioner Panuccio's appointment, President Donald Trump on Nov. 5, 2025, named then-acting chair Lucas as chair. Although there is not a notable change from the power that Lucas held as acting chair, her designation as chair exemplifies President Trump's approval of the direction that the EEOC has taken under Lucas.

During the nine months Lucas served as acting chair, and despite the EEOC not having a quorum, the EEOC was extremely active. Notably, the EEOC in recent months:

• issued guidance taking the position that certain DEI initiatives, particularly those that involve race- or sex-based employment decisions, are unlawful under Title VII
• removed materials that previously provided clarity on issues related to gender identity and sexual orientation
• removed gender-neutral terms such as "X" and "Mx" from EEOC intake forms used for filing discrimination complaints
• decreased investigating and litigating disparate impact discrimination claims, prioritizing cases of intentional discrimination instead, on the theory that disparate impact suits are unconstitutional
• dropped ongoing litigation initiated in 2024 during the Biden Administration that was intended to enforce the rights of transgender workers

With a quorum and under Lucas' leadership, it is likely the EEOC will increase its anti-DEI efforts and undo Biden-era gender inclusivity initiatives. In a statement earlier this year, Lucas articulated that her priorities for the EEOC would include targeting "unlawful" DEI-motivated race and sex discrimination, protecting workers from anti-American national origin discrimination and promoting gender neutrality in the workplace, such as protecting single-sex facilities in workplaces. It is also expected that the EEOC will prioritize the protection of workers from religious bias and harassment, particularly antisemitism.

EEOC's Priorities and Action Steps

In the several weeks since Lucas' designation as chair, the EEOC has taken significant steps to align with its stated priorities that provide insight into the Trump Administration's direction moving forward:

1. Continuing to Investigate Campus Antisemitism Probes. This activity reflects broader priorities, including enforcement on college campuses and widely targeting what the EEOC believes are purveyors of antisemitism. With the EEOC's renewed focus on religious accommodations, employers should expect increased scrutiny of workplace policies and practices. Special attention will be paid to antisemitism and other forms of religious bias. Employers are encouraged to review their religious accommodation procedures. The EEOC could also feel emboldened to pursue actions on campuses generally, after the U.S. Department of Education's Dec. 2, 2025, memorandum concluding that "race-based portions of the Department of Education programs are unconstitutional[.]"
2. Continuing to Pursue Claims Regarding "Illegal DEI." Now that the EEOC has a quorum, expect targeted actions, renewed guidance and a high volume of investigations into alleged "illegal" DEI initiatives in the workplace.

In a recent video posted on X, Lucas urged white male employees who believe they have experienced race- or sex-based discrimination due to employer DEI initiatives to contact the agency, signaling heightened enforcement in this area. Lucas has also confirmed that federal inquiries into corporate diversity programs are underway and warned: "If you have a DEI program or any employee program that involves taking an action in whole or in part motivated by race or sex or any other protected characteristic, that's unlawful."

 

3. Promulgating Informational Pages to Share Its Perspective on Workers' Rights. On Nov. 19, 2025, the EEOC issued a one-page technical assistance document as guidance, aiming to educate workers on their rights. That same day, it also updated its national origin discrimination information page. Both resources emphasize that national origin discrimination includes employers' hiring preference for foreign workers over American workers or employers paying foreign workers on work visas (i.e., workers with H-1B visas or H-2A visas) less than similarly situated American workers. Though these resources do not have the force of law, they provide insight into how the EEOC will likely pursue and respond to claims of national origin discrimination.
4. Indicating It Will Decrease the Scope of the PWFA. The EEOC has expressed interest in modifying or possibly eliminating protections under the PWFA. Lucas has also been vocal about her dissatisfaction with the current EEOC PWFA regulation, finding the scope too broad and claiming that it requires employers to provide an accommodation for every condition and situation that relates to the female reproductive system. Employers should monitor for updates to ensure their policies are compliant with changing regulations.

Takeaways and Next Steps for Employers

Now that the EEOC has a quorum and with Lucas at the helm, employers should expect the EEOC to begin vigorously pursuing the new chair's stated priorities. Employers should proactively review not only their DEI programs, but also policies related to immigration, religious accommodations and protections against antisemitism. Staying informed about EEOC priorities and guidance in these areas will help ensure compliance and foster a work environment that reflects the new priorities.

Enforcement activities and guidance that affect the workplace are constantly changing, especially surrounding DEI and workplace protections. If you have questions about how the EEOC's activities could affect your business or would like advice on how to review and adapt your policies to remain in compliance with the ever-changing legal landscape, please contact the authors or another member of Holland & Knight's DEI Task Force.

Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel.