WASHINGTON — A former member of the Equal Employment Opportunity Commission (EEOC), who was unexpectedly removed from her position by President Donald Trump, claims that her dismissal and the overall effort to reconfigure the panel that safeguards workers against discrimination are part of a broader initiative to diminish the recognition of transgender individuals.
In a recent interview, Jocelyn Samuels expressed her belief that the administration’s actions are aimed at enforcing a crackdown on diversity and gender rights policies. She characterized these maneuvers as unlawful and a precursor to an extensive rollback of protection for women and minorities in the workplace.
Samuels articulated profound concern over the administration’s diminishing recognition of discrimination against transgender individuals, interpreting it as an attempt to scapegoat them and suggesting it could cause significant harm. She warned that this could reflect the treatment that the administration may extend to other areas of law that it finds objectionable.
Alongside her colleague Charlotte Burrows, Samuels was let go on January 27, shortly after Trump assumed the presidency. In her termination notice, she noted that it highlighted her “support for what they termed radical Biden administration guidance for DEI initiatives,” as well as mentioning her “refusal to defend women against extreme gender ideology.” These were the administration’s words, not hers, she emphasized.
Nominated by Trump in 2020 and later confirmed by the Senate, Samuels was reappointed by President Biden, with her term intended to extend until July 2026. Reflecting on her situation, she stated, “Trump found me to be an acceptable nominee for a Democratic seat in 2020. Now, I’m being labeled a radical extremist. I believe it’s the administration that has shifted its views, not me.”
The EEOC was established through Title VII of the 1964 Civil Rights Act as a bipartisan committee comprising five members tasked with protecting workers from discrimination based on race, gender, disability, and other protected traits. The president selects the commissioners, with Senate confirmation necessary. These appointments are staggered to ensure agency independence, preventing more than three commissioners from being from the same political party.
With Samuels and Burrows’ dismissals, the agency now has only one Republican commissioner, Andrea Lucas, whom Trump appointed as acting EEOC chair last week. Additionally, there is one Democratic commissioner, Kalpana Kotagal, leaving three positions open for Trump to appoint.
Samuels fears that a Republican majority on the commission will lead to a swift erosion of EEOC protections, essentially permitting workplace harassment based on gender identity.
The EEOC has the authority to investigate allegations of discrimination and enforce penalties against employers who breach laws protecting workers. The agency also develops key guidelines on implementing anti-discrimination laws and engages in outreach and education efforts in workplaces.
In the past, a clear divide has existed between Democratic and Republican commissioners on various significant issues. Last year, both Republican commissioners opposed new guidelines indicating that misgendering transgender employees or restricting bathroom access consistent with one’s gender identity would contravene anti-discrimination laws.
While the commission is mandated to investigate all claims of workplace harassment or discrimination, Samuels asserts that while investigations concerning transgender individuals will technically continue, the depth of these inquiries, the resources allocated by the EEOC, and the chances of finding legitimate grounds for discrimination will likely diminish dramatically.
The outcomes of these changes, she warns, could lead to “incalculable damage for a vulnerable community.” Moreover, Samuels maintains that her termination is unlawful and contravenes the fundamental principles guiding independent agencies like the EEOC, the Securities and Exchange Commission, and the National Labor Relations Board. These positions are strategically designed to be insulated from political pressures and cannot be terminated solely based on political stances. On the same day as Samuels and Burrows’ dismissals, Trump also removed National Labor Relations Board member Gynne A. Wilcox.
“I am exploring my legal options,” Samuels remarked. She believes, based on established Supreme Court precedents, that her firing was unlawful.
