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Since the US Senate’s adjournment on December 24, 2009, the US Equal Employment Opportunity Commission (EEOC) is down to only two commissioners and lacks a quorum. The National Labor Relations Board has operated with only two members since January 2008 and has issued decisions in more than 500 cases, causing a controversy that reaches to the US Supreme Court. How will the EEOC’s lack of a quorum impact its day-to-day operations?
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Answer: |
There should be no impact. According to EEOC Spokesperson Charles Robbins, the EEOC will continue to act by delegation of authority. Anticipating the possibility that the Senate might not vote on President Obama's nominees for EEOC Chair and two commission seats before adjourning, Acting Chair Stuart J. Ishimaru, Acting Vice Chair Christine Griffin and Commissioner Constance Barker on December 18, 2009, signed a document that temporarily delegates to Ishimaru and Barker the authority to act on matters usually reserved for the five-member commission. The delegation of authority will end when a third EEOC member is sworn in, restoring the quorum.
This is not the first delegation of authority in the history of the EEOC. In 1981, there was a delegation put into place from October 1 to December 20, according to Robbins. There were no challenges or concerns raised to that delegation of authority, so far as the EEOC has been able to determine.
Acting Vice Chair Griffin's term expired on July 1, 2009, but she continued to serve on the EEOC, as permitted under Title VII, until either a successor was appointed or the Senate adjourned. In July 2009, President Obama nominated Jacqueline Ann Berrien as EEOC chair. Chai R. Feldblum and Victoria Lipnic were nominated as commissioners in September 2009 and November 2009, respectively.
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