The State of the EEOC and Frequently Asked Questions

On January 20, 21, and 29, 2025, President Trump issued a series of executive orders restoring even-handed civil rights enforcement and directing the federal government, including the EEOC, to combat serious patterns of discrimination and harassment that have gone unchecked for too long: Executive Order 14148: Initial Rescissions of Harmful Executive Orders and Actions; Executive Order 14151: Ending Radical and Wasteful Government DEI Programs and Preferencing; Executive Order 14168: Defending Women From Gender Ideology Extremism And Restoring Biological Truth To The Federal Government; Executive Order 14173: Ending Illegal Discrimination And Restoring Merit-Based Opportunity; and Executive Order 14188: Additional Measures To Combat Anti-Semitism.

As of January 28, 2025, the EEOC no longer has a quorum of its bipartisan leadership panel of Commissioners, following the departures of two Commissioners. The Commission panel currently is comprised of Republican Acting Chair Andrea Lucas (designated as Acting Chair by President Trump on January 20, 2025) and Democrat Commissioner Kalpana Kotagal.

Under the leadership of Acting Chair Andrea Lucas, the EEOC remains open for business and fully committed to protecting the civil rights of all Americans, advancing individual equal opportunity for all, and relentlessly combatting private sector and public sector discrimination.

“I am confident that the work of our agency remains critically important, as illustrated by multiple Executive Orders protecting civil rights and expanding individual, merit-based opportunity issued by the President in his first few days in office,” said Lucas. “Given our jurisdiction and mission, the EEOC necessarily will play a critical role. The EEOC is the sole federal agency that enforces federal employment antidiscrimination laws against businesses and other private employers. And, among other things, we also play a critical role by investigating charges against state and local government employers (including public universities) before referring those charges to DOJ’s Civil Rights division.” Lucas emphasized, “The President is committed to enforcing long-standing federal statutes (like Title VII of the Civil Rights Act) and faithfully advancing the promise of colorblind equality before the law—and so am I.”

We have prepared answers to recent frequent questions to help guide the public and the media.

1. Did Executive Order 14173 (Ending Illegal Discrimination and Restoring Merit-Based Opportunity) shut down the EEOC?
   
   No, far from it. The Equal Employment Opportunity Commission was created by Title VII of the Civil Rights Act of 1964 and is charged by Congress to prevent and remedy unlawful discrimination in the workplace. In addition, Executive Order 14173 and other civil rights executive orders recently issued by President Trump specifically charge the EEOC, along with other enforcement agencies addressing various spheres of society, with robustly enforcing civil rights. 
   Executive Order 14173 directed that a separate federal agency, the Office of Federal Contract Compliance (OFCCP), cease operations. The OFCCP is a federal agency within the Department of Labor. Unlike the EEOC (which was created by statute), the OFCCP was created by an executive order. The EEOC is an executive agency that is separate from any department, including the Department of Labor as well as the Department of Justice.
2. To be covered by Title VII and other laws EEOC enforces, does an employer have to contract with the federal government? Or receive federal funds?
   
   No. The EEOC has authority over almost all employers, provided the employer has at least 15 employees (20 employees in age discrimination cases). To be covered by the EEOC’s jurisdiction, there is no need for an employer to contract with the federal government, or for the employer to receive federal funds.
   EEOC also has authority over employment agencies, labor unions, and training programs.
3. What is a “quorum” as it relates to the EEOC?
   
   Title VII provides that the EEOC’s Commission leadership panel is comprised of five Commissioners, one of whom is designated by the President as Chair or Acting Chair. Title VII also states that three Commissioners constitute a quorum at the agency. As of January 28, 2025, the Commission has two Commissioners and thus no longer has a quorum. 
4. What happens during the loss of a quorum at the EEOC?
   
   In the absence of a quorum of Commissioners, the EEOC remains open for business. The agency continues to enforce federal antidiscrimination laws. Title VII provides that the Chair or Acting Chair controls the administrative operations of the agency. 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.
   
   In December 2024, the Commission 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 compelled by statute.
5. Can I still file a charge of discrimination to the EEOC via the online Public Portal, in person or on the phone?
   
   Yes. As statutorily required, the EEOC is, has been, and will continue to accept all charges. For more information on how to file a charge, visit: https://www.eeoc.gov/how-file-charge-employment-discrimination.
6. I filed a charge. Can I still request a Notice of Right to Sue?
   
   Yes. As required by statute, the agency continues to issue notices of right to sue.
7. Will the EEOC continue to accept and process charges in the interim between now and when a quorum of Commissioners is appointed at the agency?
   
   Yes.
8. I’m a federal employee, what happens to my hearing or appeal during the loss of a quorum?
   
   Hearings for federal complainants before an EEOC administrative judge are not affected by loss of quorum.
   
   Processing of the vast majority of appeals to EEOC on final agency actions are delegated to the EEOC’s director of the Office of Federal Operations. A small subset still require a vote of the Commission.
9. For employers currently engaged in the EEOC process (investigation, conciliation, litigation, settlement), will the lack of a quorum affect their cases?
   
   No. 
10. Can EEOC file lawsuits without a quorum?
    
    Yes. The existing 2021 resolution covering litigation remains in effect, and in the case of a loss of quorum, it provides limited authority for the filing of lawsuits by the EEOC General Counsel, after providing five days’ notice to Commissioners before filing suit.
11. Can the EEOC issue subpoenas without a quorum?
    
    Yes. The EEOC’s field offices have authority to issue subpoenas; the authority to issue a determination following a subpoena challenge was delegated to the director of Office of Field Programs in December 2024.
12. Does the EEOC need a quorum to vote on rulemaking, issue new policies, or rescind guidance documents?
    
    Yes.