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EEOC Down to Two Commissioners and Lacks Quorum

2019-01-09

Three Commissioners needed for a quorum; Feldblum’s re-nomination failed

In December 2017, President Trump nominated Feldblum for a third term but her nomination failed to move beyond committee assignment.   Senator Mike Lee (R-Utah) blocked her nomination and her Commission expired at the end of the 115th Congress. 

Without a quorum of three commissioners, pursuant to 42 U.S. Code § 2000e-4(c), EEOC’s ability to operate fully and carry out its mandate of enforcing federal civil rights laws is called into question.  In addition to the three commissioner spots being vacant, EEOC is also without a general counsel. 

Feldblum, self-described as a lesbian with a hidden disability, was the co-chair of the EEOC’s Select Task Force for the Study of Harassment in the Workplace.  She focused on employment of people with disabilities, pregnancy accommodation, sexual orientation and transgender discrimination, harassment prevention, the federal sector complaint system, and strategic planning for the Commission. 

The foregoing has been prepared for the general information of clients and friends of Workplace Dynamics LLC and is not being represented as being all-inclusive or complete. It has been abridged from legislation, administrative ruling, agency directives, and other information provided by the government. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel.