Misconceptions About the EEOC and the New Administration
In the wake of political transitions, it is common for misinformation to spread about how federal agencies like the Equal Employment Opportunity Commission operate. The EEOC plays a critical role in enforcing anti-discrimination laws, and with each change in administration, many assume its mission or structure dramatically shifts. The truth is more stable than the headlines suggest.
One of the biggest misunderstandings is the belief that the EEOC is directly controlled by the White House. In reality, the EEOC is an independent federal agency. It does not report directly to the president, and its leadership does not automatically change with a new administration. Commissioners serve staggered terms, meaning that the makeup of the commission is often a blend of appointments from multiple administrations. This structure protects the EEOC from political whiplash and allows for more consistent enforcement of civil rights laws.
A major concern that has surfaced recently is whether the EEOC still protects LGBTQ employees. Some believe the agency has backed away from enforcing those rights. That is false. The EEOC continues to enforce Title VII protections, which prohibit discrimination based on sex. This includes sexual orientation and gender identity, as affirmed by the Supreme Court in the landmark Bostock v. Clayton County decision in 2020. No administration can simply reverse a Supreme Court ruling. Any real change would require legislation or a new court decision, not political opinion.
Another misconception is that the EEOC is targeting diversity programs or working to dismantle affirmative action in the workplace. This idea likely stems from the Supreme Court decision in 2023 that struck down race-based affirmative action in college admissions. However, that ruling does not apply to private employers in the same way. The EEOC still permits diversity, equity, and inclusion programs, as long as they are voluntary and do not create discriminatory practices in reverse. What we are seeing now is not a crackdown on DEI but rather a review to ensure companies are not overcorrecting in ways that violate Title VII. This is not a new rule. It is a reflection of the agency doing its job: ensuring compliance across the board.
Some also believe the EEOC has stopped taking discrimination claims seriously. The data proves otherwise. In 2024 alone, charge filings increased significantly, especially in the areas of retaliation, disability discrimination, and sexual harassment. While the agency may shift some of its enforcement focus, like paying more attention to religious accommodations or free speech issues, its core function remains unchanged. Discrimination is still illegal. Employers are still accountable. And the EEOC is still investigating and enforcing the law.
Lastly, there is a rumor that the EEOC is being defunded or shut down altogether. That is not true. The agency remains fully operational and, in fact, received increased funding from Congress to reduce case backlogs and expand digital access. The idea that it could be dismantled by executive order is inaccurate. Any attempt to eliminate the EEOC would require legislative action, and no such bill is currently in motion.
What often changes between administrations is not the law itself, but the narrative. Priorities may shift. Language may evolve. Certain topics may be highlighted more than others. But the EEOC’s authority is rooted in federal law—the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and others. These laws are still in effect. The agency’s role is to enforce them regardless of political winds.
For employers and employees alike, understanding this structure matters. It prevents confusion, reduces fear, and helps everyone stay focused on compliance, fairness, and real protections. If you are unsure about what the EEOC currently prioritizes, or if you need help aligning your workplace policies with federal law, Stratum Labor Consulting is here to help.
