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EEOC Gridlock Over Regulatory Playbook to Continue into 2022

Dec. 14, 2021, 6:39 PM

The U.S. Equal Employment Opportunity Commission failed to publish its regulatory agenda for the second time in less than a year, renewing a partisan stalemate that the agency’s GOP majority and outside attorneys say will likely continue into 2022.

A disagreement over the timing of the EEOC’s updated sexual harassment guidance and employer wellness plan regulations once again stalled the agency’s rulemaking plans, as they did in the spring, according to Republican commissioners who will outnumber Democrats 3-2 until at least July. Such a gridlock hadn’t occurred since 1994.

An inability to find a consensus on these issues could ...