Commissioner Confirmation Signals Major EEOC Shift on Equality, Faith, and Workplace Rights

WASHINGTON –  Over the last week, while most headlines have fixated on developments in the Middle East and the Nobel Peace Prize, the U.S. Senate confirmed Brittany Panuccio as a member of the Equal Employment Opportunity Commission (EEOC). The vote took place on October 7, and because it arrived as part of a large bloc of executive-branch nominees, it drew less attention than a stand-alone floor debate might have. The confirmation is consequential: it restores the EEOC’s quorum and gives commissioners aligned with the current administration a working majority, enabling the agency to act on stalled priorities and revisit guidance issued in recent years.

Created by the Civil Rights Act of 1964, the EEOC enforces federal laws that prohibit employment discrimination based on race, color, national origin, sex (which, under current law, includes pregnancy, sexual orientation, and gender identity), age (40+), disability, genetic information, and- of course-  religion. The EEOC investigates allegations, seeks to resolve them through mediation or conciliation, and, when necessary, litigates cases in federal court. Beyond enforcement, it educates employers and employees, offering outreach and technical assistance to prevent discrimination, including clarifying executive orders. The agency also protects workers from retaliation for filing complaints or participating in investigations.

EEOC Seal [public domain

 

Panuccio and her nomination

President Trump nominated Panuccio on May 6, 2025. She is an Assistant U.S. Attorney in the Southern District of Florida and previously served at the U.S. Department of Education, including as a special counselor. In public appearances, including those at Federalist Society events, she has emphasized merit-based decision-making, an emphasis that aligns with the administration’s skepticism toward corporate diversity initiatives.

Her nomination moved through the Senate Committee on Health, Education, Labor, and Pensions (HELP), which held a hearing on July 16, 2025, and advanced her to the floor with a favorable vote on July 24, 2025.

Why the quorum matters

For months, the EEOC has operated without a quorum, which means it can keep the lights on, processing individual charges and conducting day-to-day work, but cannot take certain high-impact actions. Without a quorum, the Commission was effectively unable to issue formal policy guidance, initiate or intervene in cases, approve major litigation expenditures, or take positions that might conflict with controlling precedent without a full Commission vote.

With Panuccio seated, those constraints are lifted.

Ms. Brittany Pannucio at her confirmation hearing on July 15, 2025. Image via U.S. Senate Committee on Health, Education, Labor and Pensions.

 

Expected policy direction and areas of impact.

Panuccio’s confirmation strengthens the policy direction already set by Acting Chair Andrea Lucas and the Trump administration. With a full quorum restored, the EEOC can now act on several priorities that had been stalled:

  1. Diversity, Equity, and Inclusion (DEI) Programs
    The new EEOC majority is expected to focus on limiting what it calls “illegal DEI.” Earlier this year, the agency, along with the Department of Justice, released guidance saying that diversity programs cannot justify hiring, promotion, or pay decisions based on race, sex, or any other protected trait. The Commission plans to increase investigations of so-called reverse discrimination and issue new rules explaining what kinds of DEI practices may cross the line. Employers can likely expect greater scrutiny of programs that give preference to certain groups, even if the goal is to promote fairness or inclusion.
  2. LGBTQ+ Protections
    The EEOC may narrow how it enforces the Supreme Court’s Bostock v. Clayton County decision, which recognized that discrimination “because of sex” includes sexual orientation and gender identity. The administration believes that earlier interpretations went too far. Since January, the agency has removed web materials from the previous administration that supported broader LGBTQ+ protections, particularly targeting trans folk, and is reviewing related complaints more closely. New guidance could reduce how federal law applies to cases involving gender identity, pronouns, and even restroom access.
  3. Pregnant Workers Fairness Act (PWFA)
    Passed in 2022, the PWFA requires employers to provide reasonable accommodations for workers affected by pregnancy or childbirth. Acting Chair Lucas supports the law but believes the EEOC’s earlier interpretation went too far by including conditions such as menstruation, infertility, menopause, and abortion. A federal court has already ordered the EEOC to revise its rule on abortion accommodations. Now that the Commission has a quorum, it is expected to rewrite the regulation so that it focuses only on pregnancy and postpartum-related needs.
  4. Harassment Guidance
    The EEOC’s 2024 harassment guidance included protections for LGBTQ+ employees, such as examples involving misgendering or denial of restroom access. After a Texas court decision and a 2025 executive order –  (Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government) emphasizing “biological sex,” the EEOC signaled that parts of the old guidance were no longer valid. The Commission is now expected to issue new, narrower rules on what qualifies as workplace harassment.
  5. Workforce Data Reporting (EEO-1)
    For decades, employers have been required to submit demographic data showing the race, sex, and job categories of their employees. The information helps the EEOC identify possible patterns of discrimination. However, conservative policy groups have pushed to limit or eliminate this requirement, arguing it can lead to race-based quotas. The new EEOC leadership may try to scale back this data collection or stop using it to support broad discrimination claims.
  6. Religious Rights at Work
    Protecting religious employees is likely to be one of the Commission’s biggest priorities. The Supreme Court’s Groff v. DeJoy ruling made it harder for employers to deny religious accommodation requests. Under Lucas and Panuccio, the EEOC is expected to apply this decision in favor of employees, expanding protections in cases involving religious dress, prayer breaks, vaccine objections, and faith-based expression. The agency has also pledged to pay greater attention to anti-Christian harassment.

Opposition and why it mattered.

Panuccio’s nomination drew opposition from 45 civil- and workers’-rights organizations, led by the National Women’s Law Center, with signatories including the National Employment Law Project, The Leadership Conference on Civil and Human Rights, National Partnership for Women & Families, and Americans United for Separation of Church and State. They warned that her confirmation could weaken enforcement for LGBTQI+ people, women, and workers more broadly and risk rollbacks in harassment guidance, PWFA coverage, and DEI-related practices. (NWLC’s coalition letter and hearing response spell out those concerns.)

Many Pagan and interfaith non-profits use inclusive hiring statements and diversity goals to reflect their values. A more restrictive EEOC approach to “Diversity, Equity, and Inclusion” could make such language riskier for organizations that receive federal funding or work with government programs. Likewise, Pagan and adjacent communities are often among the most openly affirming of queer, trans, and gender-diverse members. Beyond employment law, the EEOC’s new direction signals a broader cultural shift in how “religious freedom” is defined and enforced, one that may increasingly prioritize traditional or majority-faith beliefs over a balanced recognition of all spiritual paths.

 


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