The Equal Employment Opportunity Commission (EEOC) announced that it continues to function and enforce anti-discrimination laws, following recent leadership changes and new executive orders issued by President Trump in January 2025.
The agency currently operates without a quorum, with only two of the required five commissioners in place: Acting Chair Andrea Lucas, a Republican, and Commissioner Kalpana Kotagal, a Democrat. This lack of quorum, however, does not impede the EEOC’s core operations.
“The EEOC remains open for business,” stated Acting Chair Lucas in a recent announcement. “We continue to accept and process all charges of discrimination, as required by statute.”
The EEOC, established by the Civil Rights Act of 1964, maintains its authority over most employers with 15 or more employees, or 20 employees in age discrimination cases. This jurisdiction applies regardless of whether an employer contracts with the federal government or receives federal funds.
Employers currently engaged in the EEOC process (e.g., investigation, conciliation, litigation, settlement) will not be affected by the agency’s lack of quorum. The EEOC can even file lawsuits without a quorum, though the authority is limited after providing five days’ notice to the Commissioners before filing suit.
However, the lack of quorum does impose some limitations. The EEOC cannot engage in rulemaking, issue new policies, or rescind guidance documents without a full panel of commissioners.
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