The Republican Attorneys General from several states have filed two federal lawsuits challenging actions of the U.S. Equal Employment Opportunity Commission on grounds that its structure is unconstitutional.
On April 25, 2024, Tennessee and 16 other states filed suit in the U.S. District Court for the Eastern District of Arkansas challenging the EEOC’s final substantive regulations implementing the Pregnant Workers Fairness Act. Then on May 13, 2024, Tennessee and 17 other states filed suit in the U.S. District Court for the Eastern District of Tennessee challenging the EEOC’s new enforcement guidance on workplace harassment.
The states’ theory is that the EEOC is an executive agency because it wields substantial executive power—including the authority to issue binding regulations and pursue enforcement actions. Therefore, they reason, the President should be able to remove EEOC Commissioners at will. The states allege, however, that the agency’s governing statute allows the President to remove Commissioners only for cause. Therefore, the states assert, the EEOC’s structure as an independent agency is inconsistent with its executive role. They allege that its independent agency structure violates the Constitution and that the challenged Commission actions must be set aside.
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