EEOC Releases Frequently Asked Questions Regarding the “State of the EEOC”

The Equal Employment Opportunity Commission (EEOC) posted a webpage discussing “The State of the EEOC and Frequently Asked Questions (FAQs)” in light of President Trump’s recent executive orders and the EEOC’s loss of a quorum following the firings of Democratic Commissioners Jocelyn Samuels and Charlotte Burrows.

The FAQs acknowledge that, as of January 28th, the EEOC no longer has a quorum, but explains that the Commission remains open for business and continues to enforce federal antidiscrimination laws. The FAQs are explicit that “the lack of a quorum of Commissioners does not impact the intake, processing, investigation, or resolution of charges of discrimination, nor does it impact the issuance of notices of right to sue.” Further, the FAQs explain that in December 2024, the EEOC voted to approve a limited delegation of authority in the event of a loss of quorum, allowing certain matters that otherwise would require a majority vote of the Commission to be temporarily handled by other Commission decisionmakers. This delegation provides authority for continued contracting approval, decisions on petitions to revoke or modify enforcement subpoenas, and ministerial changes to regulations by statute.

The FAQs also explain that the EEOC continues to accept charges of discrimination and provides more information on how to file a charge here.

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