ARLINGTON, Va. — In a move that is being described as unprecedented, President Donald Trump dismissed two of the three Democratic commissioners from the Equal Employment Opportunity Commission (EEOC), a federal body responsible for enforcing civil rights laws in workplace settings. This action is viewed as part of the administration’s broader strategy to tighten policies surrounding diversity and gender rights initiatives.
On Tuesday, commissioners Charlotte Burrows and Jocelyn Samuels confirmed in statements that they were let go late Monday night. Both are considering legal avenues to contest their dismissals, expressing that their removal before the completion of their five-year terms represents an unusual decision that jeopardizes the autonomy of the commission.
In a related decision, the National Labor Relations Board also saw dismissals, including member Gynne A. Wilcox and General Counsel Jennifer Abruzzo, confirming their terminations last night. Wilcox notably served as the first Black woman on the Board since its establishment in 1935.
Established under Title VII of the 1964 Civil Rights Act, the EEOC consists of a bipartisan five-member panel designed to shield workers from discrimination related to race, gender, disability, and other protected categories. The appointment of the commissioners is a presidential prerogative, requiring confirmation by the Senate, with their staggered terms intended to ensure continuity and the agency’s independence across different administrations.
Following the recent firings, the EEOC is now left with one Republican commissioner, Andrea Lucas, who Trump designated as acting EEOC chair just last week. The commission also includes one remaining Democratic commissioner, Kalpana Kotagal, but now faces three vacant seats available for Trump to appoint new members. Another Republican commissioner, Keith Sonderling, departed the EEOC last year as his term culminated and was recently nominated to serve as deputy labor secretary.
The mandate of the EEOC includes investigating alleged violations of laws safeguarding workers from discrimination, and enforcing penalties against non-compliant employers. Furthermore, the agency is tasked with formulating key rules and guidelines regarding the implementation of anti-discrimination laws, along with conducting outreach and educational initiatives in workplaces.
In recent years, a significant rift has emerged between the agency’s Democratic and Republican commissioners over various issues. Notably, the Republican commissioners opposed new guidelines stating that misgendering transgender individuals or restricting bathroom access based on gender identity would transgress anti-discrimination laws. They also rejected regulations designed to ensure that employers facilitate accommodations for abortion under the Pregnant Workers Fairness Act.
The dismissals of Burrows and Samuels seem to signal an intent to reshape the EEOC’s approach towards a more rigorous enforcement against employers implementing diversity, equity, and inclusion (DEI) policies that the Trump administration perceives as discriminatory in efforts to assist underrepresented groups.
Andrea Lucas, the newly appointed acting chair, articulated her intention last week to focus on eliminating unlawful DEI-related race and gender discrimination, while also seeking protection for American workers against national origin discrimination and upholding traditional definitions of gender and associated rights.
In contrast, the three ousted Democratic commissioners collectively issued statements last week denouncing executive actions aimed at dismantling DEI initiatives within both federal employment and private enterprises, as well as protections for transgender employees. They highlighted the necessity for the EEOC to uphold existing U.S. anti-discrimination laws, irrespective of the recent orders from Trump.
Burrows, an EEOC commissioner since 2015, remarked on Tuesday that her and Samuels’ dismissals compromise the agency’s mission of safeguarding employees from discrimination, aiding compliance for employers, and enhancing public understanding of federal employment laws.
Samuels, who joined the EEOC under Trump in 2020, argued that her dismissal contravenes legal standards and misrepresents the fundamental nature of the EEOC as an independent body designed to operate with a diversity of opinions rather than being under the tight control of a single cabinet member.
