Well, the first shoe has just dropped—right on the EEOC’s neck.
Late yesterday, news broke that Trump fired two Democratic EEOC Commissioners, Jocelyn Samuels and Charlotte Burrows. This move leaves only two Commissioners on the five-member EEOC: Republican Andrea Lucas (whom Trump had previously named acting chair) and Democrat Kalpana Kotagal and no quorum. Without a quorum, the EEOC is now paralyzed—unable to issue rules, provide legal guidance, or direct staff to take key enforcement actions like pursuing litigation.
There’s just one small problem: Trump doesn’t have the legal authority to do this.
The statute governing the EEOC states that Commissioners are appointed by the President, confirmed by the Senate, and serve five-year terms. More importantly, it explicitly states that “all members of the Commission shall continue to serve until their successors are appointed and qualified.” This safeguard exists precisely to protect the agency from political hijacking.
Litigation is inevitable, and the courts will have the final say. But for now, it looks like Trump’s plan to gut workplace protections is off to a roaring start. The only question left: Will he even bother pretending to care about the law, or are we just freewheeling into a full-on authoritarian fever dream?