EEOC Firings Could Accelerate Trump's Agenda

Author: Michael Cardman, Brightmine Senior Legal Editor

January 29, 2025

President Trump has removed two Democratic members from the US Equal Employment Opportunity Commission (EEOC).

The firings will likely be challenged in court. Both of the fired commissioners said they were considering their legal options.

Unless a court reinstates them soon, the White House is likely to appoint replacements who would give Republicans a majority on the EEOC and a quorum to enact the president's agenda more quickly than expected. Employers should prepare for the possibility of changes at the EEOC in a number of areas, including gender identity, DEI and pregnancy.

Previous presidents have allowed commissioners to serve out their terms. Had President Trump observed this precedent, Democrats would have held a majority on the panel through at least July 1, 2026.

Gender Identity

EEOC Acting Chair Andrea Lucas yesterday announced that one of her first priorities will be "rolling back the Biden administration's gender-identity agenda."

Lucas intends to remove or modify the EEOC's 2024 guidance about workplace harassment - in particular, its positions that denying an employee access to a bathroom or other sex-segregated facility consistent with their gender identity or intentionally and repeatedly using a name or pronoun inconsistent with an employee's known gender identity may constitute harassment under Title VII of the Civil Rights Act.

"Biology is not bigotry," Lucas said. "Biological sex is real, and it matters. Sex is binary (male and female) and immutable. It is not harassment to acknowledge these truths - or to use language like pronouns that flow from these realities, even repeatedly."

Diversity, Equity and Inclusion (DEI)

Another goal for Lucas will be "rooting out unlawful DEI-motivated race and sex discrimination."

President Trump has issued an executive order that terminates "all discriminatory programs," including DEI mandates, policies, programs, preferences and activities in the federal government.

With a Republican majority, the EEOC may take enforcement positions or issue guidance that extends to the private sector as well.

Pregnant Workers Fairness Act (PWFA) Rules

Rules issued last year by the EEOC to implement the Pregnant Workers Fairness Act (PWFA) may also end up on the chopping block.

Those rules defined pregnancy, childbirth or related medical condition (and thus the scope of the law's coverage) broadly to include termination of pregnancy (including miscarriage, stillbirth and abortion). As a result, employers can be required to provide applicants and employees time off or other reasonable accommodations to obtain an abortion. 

Lucas objected to those rules when they were passed, so the EEOC may take steps to repeal them with a Republican majority.