Yesterday, former EEOC Commissioner Jocelyn Samuels filed suit alleging that her removal from the Commission by President Trump was illegal. The removal of Samuels and a second Commissioner (both Democrats) left the EEOC without a quorum so that it cannot undertake any action that requires a Commission vote. Samuels, along with two other Democratic commissioners, had issued statements critical of President Trump's Executive Orders on DEI programs, transgender individuals and employment discrimination by federal contractors. The complaint (full text) in Samuels v. Trump, (D DC, filed 4/9/2025), alleges in part:
Congress did not grant the president authority to remove EEOC Commissioners at will. Rather, the EEOC’s structure, mission, and functions, along with the terms set for Commissioners, demonstrate Congress’s intent to provide the Commission continuity, stability, and insulation from political pressure exerted by the president. Because the Commissioners perform predominantly quasi-judicial and quasi-legislative functions, these restrictions on the president’s removal authority are constitutional....
Defendant Trump lacked cause to remove Commissioner Samuels. The issues he identified in his January 27, 2025, email constitute policy disagreements between him and Commissioner Samuels. By mandating bi-partisan membership on the Commission, Congress deliberately structured the agency to accommodate likely policy differences between the president and some Commissioners....
The EEOC is responsible for enforcing federal laws barring employment discrimination, including religious discrimination in employment. The Hill reports on the lawsuit.
