Employment Law Report
The NLRB and EEOC Without a Quorum: What’s Next For Employers
Written by: Tyson Gorman with assistance from Jay McCormick, Wyatt Summer Associate
The Equal Employment Opportunity Commission (EEOC) and the National Labor Relations Board (NLRB) are currently operating without a quorum, prompting questions about their near-term authority and activity.
Status on Removals
Earlier this year, President Trump made the unprecedented move of removing two EEOC commissioners, Jocelyn Samuels and Charlotte Burrows, and NLRB board member Gwynne Wilcox, without cause. Samuels has since filed a lawsuit claiming her firing was illegal and seeks to be reinstated. Amidst similar legal battles, Gwynne Wilcox was reinstated to the NLRB twice, but the latest reinstatement was stayed by the Supreme Court. A pending Supreme Court case will likely decide the outcome of this legal battle. In the meantime, both agencies are left without a quorum and the ability to resume rulemaking.
EEOC
On May 6, 2025, President Trump nominated Brittany Panuccio to fill the vacancy on the EEOC, a nomination that, if confirmed, would give Republicans a 2-1 majority and restore quorum on the Commission. After months of gridlock, the EEOC may be on the cusp of returning to full power, positioning it to resume rulemaking, issue new guidance, and revisit prior policies. In the interim, the agency has delegated limited authority to other agency decision-makers to allow routine enforcement actions, including certain lawsuits and subpoenas. Charge intake, investigations, and right-to-sue notices remain unaffected.
The EEOC’s new policy objectives – based on public statements made by Acting Chair Lucas – focus on “restoring evenhanded enforcement of employment civil rights laws for all Americans.” To that end, Lucas’s priorities include:
- “Rooting out” employer diversity, equity, and inclusion (DEI) programs;
- “Protecting workers from anti-American national origin discrimination,” which likely refers to targeting DEI programs that “favor” non-American workers over U.S. workers;
- “Defending the biological and binary reality of sex and related rights, including women’s rights to single-sex spaces at work,” which likely implies targeting pronoun-related workplace policies, installations of gender-neutral restrooms, and other workplace policies of gender inclusivity; and,
- “Protecting workers from religious bias and harassment, including antisemitism.”
While Panuccio’s confirmation may still be weeks or months away, employers should begin preparing for potential shifts in EEOC enforcement priorities and guidance under a Republican majority – and anticipate the rescission of guidance perceived as misaligned with the majority’s agenda.
NLRB
The NLRB is also without a quorum, with only two sitting Board members. There has not yet been a nomination to fill the vacancies, so the Board will remain unable to resume rulemaking and issue decisions. Administrative functions of the NLRB have continued without a quorum, however. On March 25, President Trump nominated a new general counsel to the NLRB, who was a partner at a large management-side law firm, suggesting that, upon confirmation, the NLRB will take employer-friendly positions on many issues under this administration.
Conclusion
Employers should monitor any legal decisions regarding the reinstatement of removed officials and the restoration of agency quorum. In the meantime, employers should continue tracking agency actions and be prepared for a rapid shift in enforcement posture once confirmations or rulings restore the agencies’ full operating authority.
