The White House advanced three EEOC priorities this week: a new commissioner nominee, a confirmation hearing for its nominee for EEOC General Counsel, and a final rule ending federal workforce demographic reporting.
The commissioner nominee: On Monday, the White House nominated Matt Zandi, a DOJ Civil Rights Division attorney involved in the administration’s crackdown on corporate DEI initiatives, to fill the seat vacated by Jocelyn Samuels. Samuels was one of two Democratic EEOC commissioners Trump fired before their terms expired. If confirmed, Zandi would cement a 3-0 Republican majority on the commission.
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Commissioner nominees have historically been confirmed in bipartisan pairs, a custom that’s declined in recent years. In fact, Sen. Tammy Baldwin (D-Wis.) called a third Republican commissioner without a Democratic pairing “an overtly partisan decision.”
The hearing for the General Counsel nominee: At Tuesday’s Senate HELP Committee hearing, General Counsel nominee Catherine Eschbach listed her priorities as “DEI-based discrimination,” “anti-American worker discrimination,” protecting women, and protecting the rights of religious Americans—all current priorities of EEOC Chair Lucas.
Timing is critical: The White House is trying to get Eschbach and Zandi confirmed before the Senate flips to Democratic control in 2027.
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If confirmation doesn’t happen before the end of the year, the White House could renominate Zandi in 2027 packaged with a Democratic nominee to gain Senate Democrats’ support.
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That would still give Republicans a 3-1 majority at the commission until at least 2029.
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If the White House is unable to get any commissioner nominees confirmed, the EEOC would lose quorum when commissioner Kotagal’s term expires next July. This could slow down the commission’s current agenda.
White House reviews final EEO-1 rescission rule: A final rule rescinding annual collection of employer demographic data is currently under White House review. This is the final step before rules are publicly released.
What CHROs should consider:
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Expect the same agenda. Republican control and Chair Lucas’ EEOC agenda will likely continue through at least 2029, regardless of nominations.
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Preserve workforce data. Rescission would eliminate EEO-1-specific recordkeeping, but broader EEOC requirements and state reporting mandates continue.
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Prepare for reversal. Courts could challenge the rule, and a future EEOC could reinstate reporting requirements.
