What Are the Practical Impacts of a Quorum-Less EEOC Once the Agency’s Funding Is Restored?

With all of the attention on the partial shutdown of the federal government that began on December 22, 2018 – one that includes the Equal Employment Opportunity Commission (EEOC) – there hasn’t been a lot of attention paid to the fact that once the EEOC’s funding is restored, it will be operating without a quorum.

The EEOC became quorum-less on January 3, 2019, with the official adjournment of the 115th Congress. Effective as of that date, the term of Commissioner Chai Feldblum, who had served as a Commissioner since 2010, officially expired. Because that left the EEOC with only two out of five commissioners – Acting Chair Victoria Lipnic and Commissioner Charlotte Burrows – it no longer has a quorum and won’t until at least one of the three vacancies is filled.

NT Lakis attorneys have prepared a guide to the practical implications of a quorum-less EEOC. As we note, even without a quorum, the Commission should be able to resume most (but not all) of its functions once its Fiscal Year 2019 funding is restored, because the majority of the work of the agency can take place without an affirmative decision by the sitting Commissioners.

Members of the Center for Workplace Compliance (CWC) can read more here.