Three Commissioners needed for a quorum; Feldblum’s re-nomination failed
In December 2017, President Trump nominated Feldblum for a third term but her nomination failed to move beyond committee assignment. Senator Mike Lee (R-Utah) blocked her nomination and her Commission expired at the end of the 115th Congress.
Without a quorum of three commissioners, pursuant to 42 U.S. Code § 2000e-4(c), EEOC’s ability to operate fully and carry out its mandate of enforcing federal civil rights laws is called into question. In addition to the three commissioner spots being vacant, EEOC is also without a general counsel.
Feldblum, self-described as a lesbian with a hidden disability, was the co-chair of the EEOC’s Select Task Force for the Study of Harassment in the Workplace. She focused on employment of people with disabilities, pregnancy accommodation, sexual orientation and transgender discrimination, harassment prevention, the federal sector complaint system, and strategic planning for the Commission.