EEOC Republican nominee Brittany Panuccio says she would “vigorously enforce” President Donald Trump’s agenda if confirmed, doubling down on the viewpoint that the commission is an executive branch agency that responds to White House mandates.
During a Wednesday hearing on Panuccio’s nomination the Florida assistant US attorney told the Senate Health, Education, Labor and Pensions committee she seeks to use Title VII of the 1964 Civil Rights Act to pursue legal action against corporate diversity, equity, and inclusion programs the Trump administration has said are discriminatory.
“Title VII does not include any exceptions for diversity or DEI,” she said.
An eventual full Senate confirmation for Panuccio, along with confirmation of Acting Chair Andrea Lucas to another term, would give EEOC Republicans a 2-1 majority as well as a quorum that would allow it to move ahead with Trump-aligned priorities.
Rooting out DEI is a priority Lucas laid out when she was named acting chair in January. The EEOC has since released joint guidance with the Department of Justice outlining how companies’ DEI policies may violate Title VII.
Even without a three-member quorum, Lucas targeted DEI programs by sending letters to 20 law firms about their policies. Former EEOC officials, as well as Democratic lawmakers, raised concerns about the EEOC’s authority to send such investigative requests without a charge filed against the firms.
The letters were sent after Trump issued an executive order directing the EEOC to lead an investigation looking at “large, influential, or industry leading” law firms and their “compliance with race-based and sex-based non-discrimination laws.”
Ranking Member Sen. Bernie Sanders (I-Vt.) asked Panuccio if it was “appropriate for the EEOC to target law firms that filed lawsuits against President Trump.”
Panuccio declined to comment on pending litigation, citing her status as a DOJ employee.
Trump’s Orders
Sen. Tammy Baldwin (D-Wis.) questioned Panuccio about how she views the president’s level of control over the EEOC. The subject has taken on new urgency after Trump fired two Democratic commissioners shortly after he took office.
Critics said the unprecedented move exceeded his power given the agency’s independence from the White House. Jocelyn Samuels, one of the fired Democrats, has sued the administration over her termination.
Baldwin asked what Panuccio believes the EEOC should do, given the president’s reach over the agency, if the president hypothetically directed it to no longer pursue cases of sex-based discrimination on behalf of women.
Panuccio responded that she sees the EEOC as an “executive branch agency” and the president is head of that branch. In addition, “the agency has a finite amount of resources and prosecutorial discretion so it can direct those resources as it best sees fit to execute its mission,” she said.
Even without a third commissioner yet in place, Lucas has taken action to pull down EEOC artificial intelligence guidance and file to dismiss transgender bias cases it brought it recent years. She cited the need to comply with Trump’s executive orders on these topics.
With Panuccio in place, Lucas could hold votes to advance other priorities she’s laid out. That agenda includes revising pregnancy bias rules Lucas said are overly broad, and bringing cases that challenge employers who show a bias for foreign workers over American citizens.
Panuccio was formerly a special counselor at the US Department of Education and clerked in two federal circuit courts. She was also previously an associate at Jones Day.
A group of civil rights organizations sent the Senate committee a letter in June raising concerns about Panuccio’s experience in employment law. The groups said “her professional background raises serious questions about her qualifications and commitment to protecting individuals’ right to be free from discrimination, including harassment, in the workplace.”
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