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A Look at Potential EEOC Priorities Once Democrats Gain Majority Control


Last Friday, President Joe Biden nominated Kalpana Kotagal to fill an upcoming vacancy among commissioners at the Equal Employment Opportunity Commission (“EEOC”).

In doing so, many have now turned their eyes to what a Democratic controlled EEOC might do, assuming Kotagal is confirmed by the U.S. Senate.  (For those unaware, the EEOC is comprised of 5 commissioners, all of whom are nominated by the President.  Each of the five terms are staggered so no one term ends at the same time as the others.)  Currently, the EEOC has a 3 - 2 majority control in favor of Republican appointed commissioners.  However, that will change with Janet Dhillon, a Republican appointed commissioner sees her term expire this summer.

Assuming Kotagal is confirmed, many expect the EEOC will focus on cracking down on harassment in the workplace as well as implementing policies to protect workers (in light of the coronavirus.)  Workplace harassment, including harassment of LGBTQ workers, has been a topic of conversation in progressive circles the past few years.  An EEOC that has a majority control among Democratic appointed commissioners could soon make this a key area of focus.

With that being said, until Democrats retake majority control of the EEOC, we are left to wait (and surmise) to see what happens.


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