Equal Employment Opportunity Commission (EEOC or Commission) Commissioner and former Chair Janet Dhillon, one of the three Republican Commissioners on the five-member Commission, resigned her seat effective November 18, 2022. As a result, Republicans no longer compose a majority on the Commission, a tactical advantage they had enjoyed since September 2020.
From a practical standpoint, Ms. Dhillon’s tenure on the Commission would have expired no later than the end of the year when the 117th Congress adjourns “sine die,” and even earlier should the lame duck U.S. Senate confirm President Biden’s nomination of plaintiffs’ lawyer Kalpana Kotagal to serve as a Commissioner. Indeed, Ms. Dhillon’s term technically expired on July 1 of this year, but a unique provision in Title VII of the Civil Rights Act of 1964 had allowed her to continue serving until her successor (Ms. Kotagal) was confirmed by the Senate or the date on which Congress adjourned, whichever occurred first. Ms. Dhillon’s resignation thus slightly accelerates that inevitability.
As of today, the EEOC now consists of two Democratic Commissioners, Chair Charlotte Burrows and Vice Chair Jocelyn Samuels, and two Republican Commissioners, Keith Sonderling and Andrea Lucas.
Members of the Center for Workplace Compliance (CWC) can read more here.