EEOC Democrat Majority Intact With Chair’s Senate Reconfirmation

US Equal Employment Opportunity Commission Chair Charlotte Burrows has been confirmed by the US Senate for a third five-year term, paving the way for a continued Democrat majority at the agency.

In a 51-47 vote along party lines, the Senate on Wednesday reconfirmed the current chair, avoiding the 2-2 partisan gridlock that existed prior to EEOC Commissioner Kalpana Kotagal’s confirmation in July.

The EEOC has sprung to action with its new Democratic majority. It recently released draft guidance on the Pregnant Workers Fairness Act and workplace harassment, sparking public commenter concerns about the inclusion of abortion as a pregnancy related medical condition and proposed protections against misgendering.

Burrows has indicated that in addition to the release of this guidance she is prioritizing equal pay. The chair has expressed an interest in reviving the EEOC’s compensation data collection, raising concerns from employers.

Burrows’ nomination was advanced by the Senate Health, Education, Labor and Pensions Committee on a narrow 11-10 vote on Oct. 25. Sen. Bill Cassidy (R-La.) objected to advancing Burrows, calling her a “problematic nominee” who has exercised a “troubling” amount of partisanship, citing the mention of abortion in the EEOC’s proposed guidance on the PWFA.

Burrows was originally nominated to the EEOC by former President Barack Obama in 2014 and was unanimously reconfirmed by the Senate in 2019. She was designated as chair by the Biden administration in 2021 and renominated by the White House just days before her current term expired July 1.

Burrows was permitted to extend her term pending reconfirmation until the end of Congress’s 2023 session, under Title VII of the 1964 Civil Rights Act.

—With assistance from Diego Areas Munhoz