The U.S. Equal Employment Opportunity Commission (EEOC) is abandoning its core mission under the Trump Administration. Established under the 1964 Civil Rights Act to enforce the nation’s civil rights laws and prevent unlawful employment discrimination, the agency is now being wielded as a weapon against the workers it was designed to protect.

Under Chair Andrea Lucas, the EEOC has become a tool in the administration’s assault on civil rights protections for women, transgender workers and other protected groups. The agency has made sweeping enforcement changes attempting to strip transgender workers of their Title VII protections, announced it will no longer process complaints alleging disparate impact violations – a cornerstone of civil rights enforcement for over 50 years – and is dismantling critical infrastructure for monitoring workplace discrimination. The Senate’s confirmation of Brittany Panuccio as a commissioner in late 2025 reestablished a quorum, giving the agency additional authority for the Chair and Commissioner Panuccio to advance this anti-worker, anti-civil rights agenda.

Attacking Disparate Impact Liability

Disparate impact theory – a legal concept where a seemingly neutral policy or practice harms a protected group more than others – has been fundamental to employment law since the Supreme Court’s unanimous 1971 decision in Griggs v. Duke Power Company. The Court recognized that seemingly neutral employment policies – such as unnecessary educational...

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