Andrea Lucas has been elevated as the chair of the U.S. Equal Employment Opportunity Commission (EEOC). With her confirmation, the EEOC regained a quorum and is once again authorized to adopt regulations, issue formal guidance, and take enforcement actions. 

In her remarks upon assuming the chairmanship, Lucas pledged to pursue what she called “evenhanded enforcement of employment civil rights laws for all Americans,” with special attention to challenging “unlawful” inclusion and diversity (I&D) initiatives and bolstering protections for religious expression.

For employers, Lucas’ confirmation means there could be changes with:

  • I&D programs that incorporate protected-class criteria. Lucas has characterized some I&D efforts as potentially inconsistent with Title VII of the Civil Rights Act of 1964 and related statutes. 
  • Religious accommodation and faith-based discrimination. Lucas emphasized investigations into antisemitism and other faith-based harassment concerns. 
  • The Pregnant Workers Fairness Act (PFWA). Lucas believes the PFWA is too broadly interpreted by the current EEOC regulations.

If you have any questions about this topic, please contact us and speak to Dean E. Leazenby or any member of the Warrick & Boyn team.