Brittany Panuccio Nominated for EEOC Commissioner

President Trump has nominated Brittany Panuccio to become a commissioner at the Equal Employment Opportunity Commission (EEOC). There are currently three empty seats on the five-member panel at the EEOC and this nomination, if approved, would fill one of them leaving two open.  

Panuccio is an Assistant U.S. Attorney in the Southern District of Florida and former special counselor at the U.S. Department of Education. She has been known to emphasize merit-based decision making in her speeches and Federalist Society appearances, falling right in line with the priorities of the current administration.  

In January, Trump dismissed Democratic commissioner Joselyn Samuels and another Democratic commissioner from the EEOC commission. Samuels filed a lawsuit in April challenging that her dismissal was a violation of the Civil Rights Act that created the agency to be a bipartisan protector of workers' rights.  

What This Nomination Means for Your Organization 

If Panuccio is confirmed, she would join Commissioner and Acting Chair Andrea Lucas and Commissioner Kalpana Kotagal, a President Biden appointee. This appointment could mean a few things for employers: 

• Bigger Focus on Reverse Discrimination Claims: Expect continued scrutiny on corporate DEI programs. A reinforced conservative majority could bring more attention to race or sex-based preferences tied to DEI programs.  
• Guidance on EO 14173: A new commissioner could mean more guidance on how Title VII and EO 14173 apply to DEI programs.
• Potential Shift Away from Broad Investigations: Resources may be steered away from larger pattern cases and shift to individual charges. This could shorten investigation timelines but increase the number of charges. 
• Increased Focus on Religious Accommodations: Panuccio’s comments suggest she is focused on the Religious Freedom Restoration Act and First Amendment.   

Here are some things your organization can do today to ensure your practices and policies are aligned with the new direction of the EEOC: 

• Keep EEO-1 data accurate and up-to-date, especially with the new proposed filing window 
• Conduct an audit of your DEI policies to ensure compliance with a neutral, job-related framework 
• Update training materials and policies to focus on equal-opportunity preference rather than demographic outcomes 
• Monitor EEOC guidance for updates to their Compliance Manual or rules 

If you have any questions, please reach out to one of our experienced OutSolve consultants. They are ready and available to provide guidance on federal compliance and more. Subscribe to our newsletter to get the latest delivered to your Inbox each week.