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On January 14th, 2026, the U.S. Equal Employment Opportunity Commission (EEOC) held its first public meeting in months and discussed, among other things, internal voting procedures. Notably, this was the first meeting since the EEOC reached quorum on October 27th, 2025. Since January of that year, it could not fully function as that quorum component was missing. Now, however, the EEOC can continue making legal decisions and create and distribute agency guidance. For example, in November 2025, the agency released new and updated educational materials on national origin discrimination.
Title VII of the Civil Rights Act of 1964
One of the major laws that the EEOC established and now controls is Title VII of the Civil Rights Act of 1964 (Title VII). In detail, Title VII prohibits employment discrimination based on race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability, or genetic information. The law makes it clear that it is unlawful for an employer to:
- fail or refuse to hire an applicant,
- discharge any employee, or
- otherwise discriminate against any individual with respect to their compensation, terms, conditions, or privileges of employment because of the individual’s race, color, religion, sex, or national origin.
In addition, the law requires employers to reasonably try to prevent and correct the behavior. Finally, Title VII protects employees who object to discrimination from retaliation or any adverse employment action against an employee exercising their rights. It is important to note that Title VII remains a federal law that applies to companies with 15 or more employees. No changes have been made to the actual law itself on a national basis. Many states also have their own anti-discrimination laws that mirror Title VII. Those laws, however, can apply to businesses with as few as 1 employee.
What Happened at the New Commission’s First Meeting?
In general, according to Jackson Lewis, one significant development was created at the first 2026 meeting. Specifically, by a vote of 2 to 1, the EEOC rescinded voting procedures enacted a year ago. Comparatively, those voting procedures were created under President Joseph R. Biden’s EEOC appointments. Now, the agency is comprised of President Donald J. Trump’s appointments. Generally, this decision gives EEOC Chair Andrea Lucas the authority to set the agenda and dates for public meetings. She can also decide which issues will be voted on without holding a public meeting.
What Voting Procedures Were Rescinded?
Henceforth, following the EEOC’s decision, the previous voting procedures that extended the EEOC's scope of power from January 2025 to 2026 are no longer applicable. These previous procedures gave commissioners (not just the Chair) the right to call for public discussion on proposed policy changes. The in-agency regulations also set a timeline for commissioners to review documents before a vote. Those actionable powers are now available only to the EEOC Chair, currently Andrea Lucas.
In response to the lone vote against the elimination of the previous voting procedures, Chair Lucas stated that she is “committed to a transparent process and will allow other commissioners’ agenda items whenever feasible.” However, she and the two commissioners who voted on the changes believe that the EEOC chair “needs the flexibility to set the Commission’s agenda.” This flexibility will allow for faster decisions and implementation of agency policies.
What Is Ahead for the EEOC?
On the docket for the next meeting, scheduled for January 22nd, 2026, is a possible vote on a former EEOC decision. Specifically, the commission’s 2024 creation of Enforcement Guidance on Harassment in the Workplace. It was approved by the EEOC on April 29th, 2024, by a 3-2 vote, but a federal court vacated portions of it on May 15th, 2025. This review on January 22 may lead to the complete removal and nullification of the full guidance.
Employer Takeaways
In conclusion, as discussed earlier, even if the EEOC changes or eliminates current federal guidance, Title VII remains the overarching anti-discrimination law employers must comply with. Additionally, state, federal, and local laws prohibit harassment and discrimination of employees, job applicants, and visitors based on sex, gender, age, race, religion, national origin, pregnancy, or disability. Various court decisions and agency guidance have clarified that employers must take reasonable steps to prevent harassment and discrimination. Additionally, now that the EEOC plans to make decisions more quickly, employees must also comply more rapidly. Failure to take reasonable prevention measures can result in a finding of employer liability during a harassment or discrimination lawsuit.
To assist employers in training workers on workplace harassment and discrimination, WorkWise Compliance created the Harassment & Discrimination Prevention Training eLearning Module for Employees. In addition to explaining harassment and discrimination, the training module describes how to prevent such actions and outlines ways to report complaints. For employers in California and New York, the following harassment and discrimination prevention trainings need to be utilized in addition to regular harassment training where appropriate:
