Find Your Next Job! Burrows and Jocelyn Samuels, the two confirmed in separate statements. The move, which may face legal challenges, marks the first time that a president has removed an EEOC commissioner without cause prior to the expiration of their five-year term. The final seat on the Commission has been vacant since July 1, , when former Commissioner Keith Sonderling, who was recently nominated by President Trump to serve as deputy labor secretary, completed his five-year term.
Gilbride, who was nominated by former President Biden and confirmed by the Senate in October , was slated to serve a four-year term set to expire in The law provides that commissioners are nominated by the President and confirmed by the Senate to five-year staggered terms. In addition, Title VII establishes that no more than three of the commissioners may be members of the same political party.
In the past, however, after a new administration has entered the White House, commissioners have served out the remainder of their five-year term. Burrows, who served as Chair of the Commission under the Biden Administration, was confirmed by the Senate to a third term in November that was set to expire on July 1, Samuels, who was appointed by President Trump during his first term, was later nominated by former President Biden for a second term that was set to expire on July 1, Now, with only two members left in Lucas and Kotagal, the Commission lacks a quorum.
Without a quorum, the EEOC cannot initiate formal rulemakings and cannot issue, modify, or revoke formal guidance.
As a result, without a quorum, EEOC guidance remains effectively at a standstill. As Proskauer previously covered , on Tuesday, January 21, , newly appointed Acting Chair Lucas issued a statement setting forth her enforcement priorities. In the wake of these removals, it is anticipated that President Trump will seek to appoint two commissioners, in addition to Lucas, to reach a Republican majority on the Commission. And, if that occurs, the Republican Commissioners would then have the majority vote needed to issue new rulemakings and revoke formal guidance.
