By Cassie Alfheim
On May 6, 2025, President Donald Trump nominated Brittany Bull Panuccio to be a Commissioner on the Equal Employment Opportunity Commission (EEOC). If confirmed, Panuccio would serve as a member of the Commission until July 1, 2029. Her confirmation would restore the Commission’s quorum and likely shift EEOC policy direction under the current Presidential administration.
Panuccio’s Background
Ms. Panuccio has served several roles within the federal government, including positions within the Department of Justice, Department of Education, and U.S. Court of Appeals. Panuccio has also worked as a Labor & Employment Associate with Jones Day. Additionally, Panuccio served EEOC as a Law Clerk for a brief time in 2015.
During the first Trump administration, Panuccio spent time drafting changes to Title IX of the Education Amendments of 1972 specifically regarding, “assisting and protecting victims of sexual harassment and ensuring that due process protections are in place for individuals accused of sexual harassment.” (83 FR 61462)
A Commission in Flux
EEOC Commissioners are nominated by the sitting President, confirmed by Senate, and appointed to 5-year terms. These terms are typically staggered, often resulting in bipartisan overlap between Presidential administrations. The law that established EEOC, Title VII of the Civil Rights Act of 1964, dictates no more than 3 of the 5 members may be from the same political party.
Panuccio’s nomination appears designated to fill the vacancy created by now-Deputy Secretary of Labor Keith Sonderling’s departure from EEOC in August 2024. If confirmed, Panuccio’s term will expire July 1, 2029, which is tied to the term originally assigned to that Commission seat, rather than a full five-year term from confirmation.
In an unprecedented move on January 27, 2025, President Trump fired two of the three sitting Democrat-appointed EEOC Commissioners—Jocelyn Samuels and Charlotte Burrows—before either member’s term had ended. While Samuels has filed suit against President Trump, alleging her firing was illegal and seeking to be reinstated to the Commission, this case will take time to go through the required legal channels. The seat could be filled with a President Trump appointee in the meantime.
EEOC Seeks to Restore Quorum
As of January 28, 2025, EEOC does not have a quorum as it only has two members, Acting Chair Andrea R. Lucas and Democrat-appointed Commissioner Kalpana Kotagal. Because of this, EEOC is prevented from taking substantive actions like voting on rulemaking, issuing new policies, or rescinding existing guidance documents. Once confirmed, Panuccio will fill the third commissioner seat the Trump administration needs to restore the required quorum for EEOC.
Acting Chair Lucas has issued multiple statements emphasizing her opposition to existing EEOC resources that she has been unable to rescind or change without a quorum in place. As Lucas states in “The State of the EEOC” FAQ, “[t]he President is committed to enforcing long-standing federal statutes (like Title VII of the Civil Rights Act) and faithfully advancing the promise of colorblind equality before the law—and so am I.”
With a quorum restored, the Commission can take action in rescinding resources and rolling out new policies that more closely align with the Trump administration’s policy initiatives.
It is important to note that EEOC accepts and processes charges of discrimination, issues Notices of Right to Sue, and investigates and litigates cases with or without a quorum.
DCI will continue monitoring EEOC nominations, confirmations, and policy changes. Stay apprised of these updates on our blog.