President Trump has fired three Senate-confirmed Democrats from the Equal Employment Opportunity Commission: Commissioner and former Chair Charlotte Burrows; Commissioner and former Vice Chair Jocelyn Samuels; and General Counsel Karla Gilbride.
While Title VII does not include express removal protections like the laws establishing some independent agencies, the White House historically has treated the EEOC with a degree of independence. However, the Justice Department has maintained that the President may remove EEOC Commissioners because the EEOC exercises predominantly executive authority. Samuels and Burrows were serving terms set to expire in 2026 and 2028, respectively. They have not indicated whether they plan to challenge their terminations.
With the removal of Burrows and Samuels, the EEOC no longer has a quorum and will not be able to vote on any important policy matters until at least one additional Commissioner is seated.
Most of the EEOC’s day-to-day activities will continue without noticeable change. The EEOC has not yet announced who will serve as Acting General Counsel, but we expect a career official to fill the spot on an interim basis.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.