Brittany Panuccio Confirmed as EEOC Commissioner

On October 3, 2025, Brittany Panuccio was confirmed by the United States Senate as a commissioner at the Equal Employment Opportunity Commission (EEOC). Her addition to the commission will restore the three-commissioner quorum that is required to enact regulations, issue or modify formal guidance, and authorize major litigation.  

Panuccio graduated from Northwestern University School of Law in 2016 and is licensed to practice law in Illinois and Florida. She spent one year as an Associate in the Labor and Employment practice of the law firm Jones Day, then began her government service, first with a brief stint as Nominations Counsel for the Department of Justice (DOJ), then two years with the Department of Education. Ms. Panuccio then spent two years clerking for U.S. Courts of Appeals in Texas and Washington, DC before rejoining DOJ as an Assistant U.S. Attorney in West Palm Beach, Florida. 

The EEOC has been without a quorum since January 2025, when two of the Democratic commissioners were fired by the President. With the addition of Panuccio, the commission will have a quorum made up of two Republicans and one Democrat. The EEOC can now make new policy, revisit prior policy documents and vote on significant litigation matters.  

We expect Acting Chair Andrea Lucas to turn her attention to enacting additional parts of President Trump’s agenda now that she has a quorum. Expected actions include review and rescission of the April 2024 “Enforcement Guidance on Harassment in the Workplace” which stated that misgendering employees, barring them from dressing in line with their gender identity, and denying them access to appropriate bathrooms could constitute workplace harassment. A Texas federal court decision vacated these parts of the guidance earlier this year, and Acting Chair Lucas has publicly stated her intent to revisit this guidance. The Biden-era regulations implementing the Pregnant Workers Fairness Act are also likely to be revised now that there is a quorum. It also is expected that the EEOC may re-examine the annual EEO-1 reporting requirement, which was last filed by employers earlier this year. In terms of litigation, we expect Acting Chair Lucas to continue to focus on illegal DEI, religious accommodations and harassment, and anti-American bias. An EEOC majority also allows her to issue broad policy documents or regulations on these topics.