In the recent transition of presidential power, President Donald Trump issued a number of executive orders and has taken actions regarding administrative personnel that have a direct impact on private employers who interact with those agencies. One of those agencies is the Equal Employment Opportunity Commission (EEOC). We take a look at what changes have taken place and what the impacts of those changes are for employers.

One of Trump’s first presidential actions was naming Commissioner Andrea R. Lucas as the acting chair of the EEOC on January 21, 2025. Lucas, who has served as a commissioner since 2020, was nominated by Trump during his first term in office. In her first press release, Lucas outlined her priorities and the direction that the EEOC would take under her oversight. 

Specifically, Lucas stated that her priorities included "rooting out unlawful DEI-motivated race and sex discrimination; protecting American workers from anti-American national origin discrimination; defending the biological and binary reality of sex and related rights, including women’s rights to single‑sex spaces at work; protecting workers from religious bias and harassment, including antisemitism; and remedying other areas of recent under-enforcement."

Lucas further said that she intends "to dispel the notion that only the 'right sort of' charging party is welcome through our doors and to reinforce instead the fundamental belief enshrined in the Declaration of Independence and our civil rights laws — that all people are 'created equal.'" 

"I am committed to ensuring equal justice under the law and to focusing on equal opportunity, merit, and colorblind equality," she continued. In her short tenure, Lucas has announced that she will prioritize defending "the biological and binary reality of sex and related rights," removing the agency’s "pronoun app," removing 'X' and 'Mx.' gender markers from agency charge forms, begin reviewing EEOC’s "Know Your Rights" poster, and removing "materials promoting gender ideology" from the agency’s internal and external websites. 

Other recent changes to the EEOC include the president taking immediate steps to terminate Charlotte Burrows, the former EEOC chair and commissioner, along with Commissioner Jocelyn Samuels. The removal of these two Democratic commissioners potentially leads to the recission of more EEOC guidance that was emphasized by the former administration, including guidance pertaining to gender identity and the recent anti-harassment guidance, titled "Enforcement Guidance on Harassment in the Workplace," which Lucas voted against. However, Lucas cannot unilaterally remove or modify this guidance under her current authority. Rather, such actions would require a majority vote of the commissioners on the EEOC.

The immediate removals of Burrows and Samuels clear the way for a shift in the political majority of the EEOC, an occurrence that would not have happened but for their terminations. Why? Because the EEOC is a five-member commission, with commissioners being appointed via five-year staggered terms. Typically, and consistent with precedent, Burrow and Samuels would have remained on the EEOC until the end of their terms in 2025 and 2026, respectively.

The removal of Burrows and Samuels leaves the EEOC without a quorum, preventing significant policy changes until the president appoints at least one more commissioner. The EEOC cannot presently initiate any rulemaking or revoke or modify any current formal guidance. The absence of a quorum also limits the EEOC's ability to handle high-stakes or high-profile litigation, as these types of cases require approval. Routine litigation can still proceed without approval from the commission. Given this aspect, we expect that the president will appoint at least one new commissioner in short order to allow the EEOC to have a working quorum and a Republican majority. 

These removals will also prompt lawsuits challenging the ability of the president to remove members of independent federal agencies without cause. The administration may be using these moves to obtain a Supreme Court decision that would expand executive branch powers.

These personnel changes signal a turn within the agency tasked with enforcing anti-bias workplace laws based on race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age, disability, and genetic information. The EEOC enforces and provides guidance on Title VII, the Equal Pay Act, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and the most recent addition, the Pregnant Workers Fairness Act (PWFA). With these changes, employers will likely see the EEOC take a focus on: 

• Diversity, Equity, and Inclusion (DEI) Programs. The president’s January 21, 2025, executive order titled "Ending Illegal Discrimination and Restoring Merit-Based Opportunity" presents a major pivot in federal policy regarding affirmative action and diversity initiatives, which have been in place for decades, particularly within federal contracting. Expect to see the EEOC issue some sort of guidance regulating private sector DEI programs based on the executive orders. 
   
• "Reverse Discrimination." Based on Lucas' previous statements stating that she aims to protect workers from "anti-American national origin discrimination," we expect an increased focus on "reverse discrimination" cases and more investigations related to the same. 
   
• Gender Identity in the Workplace. Lucas issued a recent statement outlining her priorities related to gender identify in the workplace. In that statement, Lucas stated that she sought to "return" the EEOC "to its mission protecting women from sex-based discrimination in the workplace by rolling back the Biden administration’s gender identity agenda. This includes prioritizing compliance, investigations, and litigation to "defend the biological and binary reality of sex and related rights, including women’s rights to single sex spaces at work." While the EEOC’s enforcement regarding gender identity issues is subject to change, employers should remember that the U.S. Supreme Court in Bostock v. Clayton County held that Title VII’s prohibition on sex discrimination and sexual harassment extends to discrimination and harassment on the basis of sexual orientation and gender identity. So that authority remains in effect.
   
• Religious Protections. Another area that Lucas emphasized was "protecting workers from religious bias and harassment." This likely means an increased focus on areas such as antisemitism, but also an increased focus on overlapping areas that touch on religious beliefs related to biological sex, gender identity, and sexual orientation. 

Employers should keep a close eye on these developments and how they could affect personnel policies and decisions.

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