EEOC Voting Records Show Most Votes Bipartisan Since Quorum Restored

April 1, 2026

 

What's New

New EEOC vote disclosures show most substantive matters have drawn bipartisan support since the Commission regained a quorum. Through February 2026, the Commission has cast 35 votes (27 substantive), with only nine substantive votes splitting along party lines. Those party-line votes included:

  • Fall 2025 Regulatory Agenda (pending before OMB)
  • Rescission of Enforcement Guidance on Harassment in the Workplace
  • Two litigation recommendations: Coca-Cola Beverages Northeast, Inc.; undisclosed defendant
  • Federal sector appellate decision: Selina S. v. Driscoll

Other party-line votes included three internal governance items and one funding matter.

Unanimous votes included subpoena challenges (7), amicus recommendations (5), and litigation authorizations (5).

What It Means

Voting patterns are one metric for assessing Commission priorities. While media coverage has focused on policy differences among the Commissioners, the voting record shows party-line splits in only about one-third of substantive votes. The Chair, of course, plays a significant role in determining what comes before the Commission. Still, many observers may be surprised by the level of unanimity in subpoena challenges, amicus participation, and most votes to commence litigation.

What You Should Do

We will continue tracking metrics that signal the EEOC’s enforcement and policy priorities. CWC members can discuss practical implications at an upcoming Conversation Corners session.





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