President Donald Trump has renominated Andrea Lucas, acting chair of the U.S. Equal Employment Opportunity Commission (EEOC), for a new five-year term set to expire on July 1, 2030. Lucas, who took over as acting chair in January, stated that if confirmed, she would focus on “restoring evenhanded enforcement of employment civil rights laws for all Americans.”
Even if the Senate confirms her nomination, EEOC would still lack a quorum due to Trump’s controversial dismissal of two Democratic commissioners whose terms had not yet expired. This left three of the five commission seats unfilled, with only Lucas and Democratic Commissioner Kalpana Kotagal remaining.
A Dramatic Shift in EEOC Enforcement
Since taking over, Lucas has overseen a sharp pivot in the EEOC’s enforcement approach, aligning closely with the broader priorities of the Trump administration. She quickly rolled back Biden-era initiatives, including policies that allowed employees to use gender pronouns in EEOC’s internal systems and provided nonbinary gender options for individuals filing discrimination complaints.
Lucas also pledged to “defend the biological and binary reality of sex,” a stance tied to Trump’s executive order instructing agencies to remove references to “gender ideology.” This led to EEOC pausing its processing of claims related to sexual orientation and gender identity discrimination under Title VII and dropping existing lawsuits tied to such cases.
Targeting DEI Programs in Private Sector
Beyond internal changes, EEOC is signaling a crackdown on corporate diversity, equity, and inclusion (DEI) programs. Last week, Lucas sent letters to 20 major law firms requesting details on their diverse hiring programs and employee affinity groups. She emphasized that EEOC “is prepared to root out discrimination anywhere it may rear its head, including in our nation’s elite law firms.”
While it’s unclear how EEOC will enforce restrictions on DEI, Lucas has framed these efforts as part of a broader push to clarify civil rights laws that she argues have been “obscured by unequal enforcement.” The agency also recently issued guidance outlining when DEI policies could constitute unlawful discrimination, particularly if they involve quotas or workforce “balancing” based on protected characteristics.
EEOC’s New Focus on Anti-American Bias
EEOC is also shifting focus to workplace discrimination against American workers. The agency recently secured a $1.4 million settlement with a Guam hotel accused of providing non-Japanese employees, including American workers, with worse wages and benefits than their Japanese counterparts. Following the settlement, Lucas put employers “on notice” about illegal hiring preferences against American workers, calling it a widespread issue across multiple industries.
Legal Questions Surrounding Dismissed Commissioners
Meanwhile, legal uncertainty looms over Trump’s decision to remove Democratic Commissioners Charlotte Burrows and Jocelyn Samuels, whose terms were set to expire in 2028 and 2026, respectively. Their dismissals challenge longstanding Supreme Court precedent protecting independent agency members from at-will removal by the president. As the nomination process unfolds, legal experts anticipate further scrutiny of the administration’s actions.
Lucas’ confirmation would solidify a major shift in EEOC’s enforcement priorities, with lasting implications for civil rights protections, workplace policies, and corporate DEI initiatives.
