EEOC Commissioners have voted in a bipartisan manner in most substantive matters since the Commission regained a quorum in late October, new EEOC vote disclosures show. Through February 2026, the Commission has cast 35 votes, with only nine of their 27 substantive votes split along party lines.

Media coverage has focused on policy differences among the Commissioners, but the voting record shows party-line splits in only about one-third of substantive votes. The level of unanimity in subpoena challenges, amicus participation, and most votes to commence litigation may surprise observers.

The party-line votes included:

  • The Fall 2025 Regulatory Agenda (pending before OMB)
  • The Rescission of Enforcement Guidance on Harassment in the Workplace
  • Two litigation recommendations: Coca-Cola Beverages Northeast and an undisclosed defendant; and
  • A federal-sector appellate decision: Selina S. v. Driscoll.

Other party-line votes included three internal governance items and one funding matter.

Unanimous votes included seven subpoena challenges, five amicus recommendations, and five litigation authorizations.

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, will continue tracking metrics that signal the EEOC’s enforcement and policy priorities. CWC members can discuss practical implications at upcoming Conversation Corners.

CWC members can read more here.