By: Claire Sweetman
On January 28, 2025, the Trump Administration announced that it had terminated two Democratic members of the Equal Employment Opportunity Commission (EEOC), instead of waiting until their terms naturally expired over the next two years[1]. The unprecedented terminations of Charlotte Burrows and Jocelyn Samuels will allow President Trump to quickly install a majority of Republican commissioners and assume control over the EEOC. Experts believe this decision will undermine the agency’s independence.[2]
The EEOC is a federal agency created by Title VII of the 1964 Civil Rights Act that enforces anti-discrimination workplace laws based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age, disability, and genetic information. The EEOC consists of five bipartisan Commissioners who are presidentially appointed and (typically) have staggered five year terms.[3] The Commissioners are responsible for approving regulations, providing technical guidance, and steering the direction of the agency.[4]
Currently, there are only two EEOC Commissioners – Andrea Lucas (appointed by Trump in 2020), and Kalpana Kotagal (appointed by Biden in 2023). Trump will likely install at least one new Commissioner as soon as possible to create a working quorum, which will create a Republican majority. Trump has made his agenda for the agenda for the agency’s future clear, and has appointed Lucas as acting chair. Trump also rescinded the EEOC’s most recent workplace harassment guidance almost immediately upon taking office.[5]
The future of the EEOC, as well as the enforcement and scope of federal anti-discrimination laws, remains unclear. Time will tell what types of changes we will see. Continue to check in on ILG’s monthly newsletter for continued updates and guidance.
[1] https://apnews.com/article/trump-eeoc-commissioners-firings-crackdown-civil-rights-c48b973cb32bad97e9da9e354ba627db
[2] Id.
[3] https://www.fisherphillips.com/en/news-insights/trump-grabs-control-of-eeoc.html
[4] Id.
[5] Id.