Takeaways
- EEOC rescinds prior voting procedures, shifting procedural control to Chair Andrea Lucas to set agendas, call public meetings, and decide when matters will be voted on without public discussion.
- Rapid policy reversals are expected, including a 01.22.26 vote to rescind the 2024 Enforcement Guidance on Harassment.
- Employers should anticipate swift regulatory shifts, as the Commission moves quickly to revisit and potentially reverse prior guidance and rules, including PWFA regulations.
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The first public meeting of the Equal Employment Opportunity Commission (EEOC) of the second Trump Administration was held on Jan. 14, 2026 (and was attended by a Jackson Lewis P.C. attorney). The EEOC has only had a quorum since Oct. 27, 2025, when Commissioner Brittany Bull Panuccio was confirmed.
By a vote of 2 to 1, the Commission voted to rescind voting procedures that were enacted a year ago, in the final weeks of the Biden Administration. The rescission gives Chair Andrea Lucas authority to set the agenda and dates for public meetings and decide what issues will be voted on without a public meeting.
The now-rescinded procedures gave commissioners the right to call for public discussion on proposed policy changes and set a timeline for commissioners to review documents before a vote. During the meeting, Chair Andrea Lucas and Commissioner Brittany Panuccio reminded attendees that prior EEOC Chair Charlotte Burrows operated without the voting procedures until the final weeks of her term. In response, Commissioner Kalpana Kotagal noted that Chair Burrows always followed the prior practice and never denied other commissioners’ requests to include items on the agenda for public meetings. Commissioner Kotagal argued that without the voting procedures, there was no way to ensure this practice would continue. Chair Lucas indicated that she is committed to a transparent process and will allow other commissioners’ agenda items “whenever feasible,” but that the EEOC chair needs the flexibility to set the Commission’s agenda.
What Employers Can Expect Next
The EEOC announced that it will meet on Jan. 22, 2026, to consider, and presumably vote on, rescinding the EEOC’s 2024 Enforcement Guidance on Harassment in the Workplace.
President Donald Trump’s Jan. 20, 2025, Executive Order 14168, “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government,” directed the EEOC to rescind all guidance inconsistent with the terms of the Order, including the 2024 Harassment Guidance.
The EEOC also announced that on Jan. 22, it will consider a “Resolution Concerning the Commission’s Authority to Commence or Intervene in Litigation.” It is unclear what impact this Resolution would have on the agency’s litigation practices.
Finally, Chair Lucas has expressed her opposition to portions of the EEOC’s regulations implementing the Pregnant Workers Fairness Act (PWFA) that interpret the phrase “pregnancy, childbirth, or related medical conditions” to include infertility, menstruation, hormone issues, and menopause. With a quorum now in place, and without EEOC voting procedures, employers can expect that Chair Lucas will move quickly to rescind and potentially replace some portion of the existing PWFA regulations.
