The EEOC Re-establishes Quorum, While Some Trump Picks Are Confirmed by Senate

On October 7, 2025, the U.S. Senate confirmed a number of nominees appointed by President Trump to various employment agencies.  The vote was 51-47.

Among those confirmed was Andrew Rogers, who has been serving as Acting General Counsel of the Equal Employment Opportunity Commission (EEOC), who was confirmed as Wage & Hour Division Administrator.  David Keeling will become Assistant Secretary of Labor for Occupational Safety & Health Commission, previously serving in various safety positions at UPS and Amazon.  

Arguably the most important confirmation was Brittany Panuccio to the EEOC, restoring a quorum of EEOC members for the first time during the Trump Administration.  There will now be three EEOC members, two of which were appointed by Republican presidents.  The quorum at the EEOC can move ahead effectuating the current Administration’s priorities as to policy and enforcement guidance.  It is likely that the Commission will address what it considers to be unlawful forms of Diversity, Equity, and Inclusion (DEI), and will likely address enforcement guidance on harassment in the workplace, implementation of the Pregnant Workers’ Fairness Act, and particularly portions of these laws related to transgender employees and the definition of “pregnancy, childbirth, and related medical conditions.”  There may be greater enforcement of religious rights as well, and further efforts to protect American workers from national origin discrimination.  Religious practices remain a developing area of the law since a recent U.S. Supreme Court ruling increased the burden on employers to show that a requested religious accommodation is an undue hardship.  Acting Chair Lucas has also fully endorsed the President’s Executive Order 14168 to protect men and women as biologically distinct sexes.  The Acting Chair has also directed staff to close almost all pending disparate impact investigations, according to media reports.  Some believe the EEOC will address annual EEO-1 reports, which require employers to disclose data on the employees’ sex, race, and ethnicity.

At the Occupational Safety and Health Administration (OSHA), there will likely be a shift towards less regulation, possibly including the union walk-around rule, electronic injury reporting requirements and the public release of workplace injury data.

This article is part of our November 2025 Newsletter. 

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