The Senate’s challenge in approving nominees has affected multiple agencies, but the problem is particularly bad at the EEOC.

Last year, I noted in the Wall Street Journal that vacancies at the EEOC had left the Democrat commissioners as the majority of what is supposed to be a five person, bipartisan commission. Now, since the Democratic chairwoman’s term expired, the EEOC commission lack a quorum so is unable to act.


As a result, the EEOC has been unable to provide guidance on important regulatory matters, including how to structure health and wellness plans while remaining in compliance with the Americans with Disabilities Act. The EEOC also hasn’t been able to respond to a federal judge’s decision to reinstate an Obama-era rule requiring extensive new data collection. That requirement would create significant costs for businesses large and small, and, as IWF argued here, could backfire by discouraging employers from offering more flexible, individualize arrangements to their employees in favor of a more standardized compensation system. That’s bad news for working women in particular.

The business committee is now weighing in, asking the Senate to confirm Janet Dhillon, who was nominated by President Trump to chair the EEOC. Dhillon (whom I have known for more than a decade) is a solid, commonsense conservative, and would be an excellent EEOC chair.

The EEOC plays too important a role in setting the rules for how our businesses and society functions to allow it to be sidelined without leadership. This confirmation should be a priority.