Monday morning musings for workplace watchers

A Shutdown Quorum | USCIS Goes Electronic

Rebecca Klar: The EEOC could restart voting for the first time since late January, but the ongoing government shutdown poses fresh roadblocks for a newly established Republican majority that’s poised to make its mark.

Republican Brittany Panuccio was sworn in as an EEOC commissioner last week, however, furloughed staff, official noticing requirements, and the Antideficiency Act stand in the way of the Equal Employment Opportunity Commission holding anticipated votes.

During the last lingering shutdown in 2018 the agency didn’t hold votes, but the current shutdown coincides with the return to a three-member quorum and a Republican majority eager to roll back portions of the Biden-era Pregnant Workers Fairness Act rules and anti-harassment guidance to move ahead with Trump-aligned priorities.

The agency’s shutdown plan doesn’t state that the commission will vote on any policy measures, and only 131 out of 1,814 total agency employees will remain working including the three commissioners. An EEOC spokesperson didn’t respond to a request for comment.

Although commissioners are eligible to continue working through the lapse in funding, the lack of staff available likely means the EEOC doesn’t have workers needed to assist with the mechanics of voting, agency stakeholders said.

By bringing in any furloughed staff, it could implicate the Antideficiency Act which dictates that agencies can’t...

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