Trump’s Unprecedented EEOC Move and Its Implications for Employers

• President Trump has taken an unprecedented step in firing two Democratic members of the Equal Employment Opportunity Commission (EEOC), potentially shifting the balance of power within the agency.
• The terminations may instigate legal disputes over the extent of presidential power and could significantly impact workplaces across the US.

In an unprecedented move, President Trump has fired two Democratic Equal Employment Opportunity Commission (EEOC) members — Charlotte Burrows and Jocelyn Samuels. With their removal, the opportunity to quickly install a majority of Republican commissioners has been opened instead of waiting for the normal expiration of their terms over the next two years. This action revealed recently, may spark legal challenges over the scope of presidential power and significantly impact workplaces nationwide as employers grapple with the consequences.

The EEOC is a federal agency tasked with enforcing anti-bias workplace laws based on race, color, religion, sex, national origin, age, disability, and genetic information. The agency is instrumental in supporting key statutes such as Title VII, the Equal Pay Act, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and the Pregnant Workers Fairness Act (PWFA). The EEOC investigates discrimination complaints, often filing lawsuits against employers and issuing regulations and guidance on key matters.

Typically, the EEOC is steered by a five-member commission, each appointed by the president for a staggered five-year term. These commissioners are crucial in approving regulations and technical guidance and determining the agency’s direction. Had Trump followed precedent, the two Democratic commissioners would have remained on the Commission until 2025 (Burrows) and 2026 (Samuels).

However, Commissioners Burrows and Samuels were informed of their immediate termination, and Trump also announced the termination of EEOC General Counsel Karla Gilbride. Andrea Lucas, appointed by Trump in 2020, and Kalpana Kotagal, appointed by Biden in 2023, remain as EEOC Commissioners.

Trump will likely install at least one new Commissioner to create a working majority. The terminated Commissioners have hinted at exploring legal avenues, indicating potential legal actions to overturn their terminations. The litigation could span several years and may eventually reach the Supreme Court.

In light of these changes, employers can expect Trump to appoint at least one replacement, allowing the EEOC to align with his agenda. This may result in significant changes such as regulating private sector DEI programs, rescinding the Pregnant Workers Fairness Act rule, and a conservative approach to worker bathroom access and gender identity.

Potential roadblocks include the possibility of a court ruling that Trump’s terminations were unlawful, leading to the question of the validity of the steps taken by the EEOC in the interim. This could lead to a period of legal uncertainty, with the Commission insisting on the validity of its rules or guidance despite court orders to the contrary.

These developments underscore the importance of businesses staying informed about changes at the EEOC and in labor law more broadly.

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