EEOC Finally Has A Quorum Again

The U.S. Senate has confirmed the nomination of Republican Janet Dhillon as the Chairwoman of the Equal Employment Opportunity Commission (EEOC or Commission). Ms. Dhillon joins Republican Victoria Lipnic, who has been Acting Chair, and Democrat Charlotte Burrows. Ms. Burrows’ term ends July 1, 2019. The bipartisan EEOC is comprised of a Chair, Vice Chair, three Commissioners and a General Counsel, each appointed by the President with the consent of the Senate. With the appointment of Ms. Dhillon, the EEOC still has openings for the Vice Chair, two Commissioners and the General Counsel. At the top of many of our minds is the pay data component of EEO-1 reporting, which is now due by September 30, 2019 for years 2017 and 2018. The appointment of Ms. Dhillon does not have any immediate impact on the obligation of employers to comply with the pay data-reporting requirement. However, EEOC filed a Notice in the pay data case notifying the court of Ms. Dhillon’s confirmation and stating, “If, once a quorum is restored, the Commission takes action related to the Component 2 data collection that is the subject of this litigation, we will promptly notify the Court.