What rights does an EEOC commissioner have after she was fired by Trump without cause? We’re about to find out!
Back in January 2025, just a few weeks into Donald Trump’s second term, Trump removed two Democratic members of the Equal Employment Opportunity Commission (EEOC) before their five year terms had expired. [Read more: Trump Removes NLRB Members and EEOC Commissioners] Normally, the EEOC members finish out their terms and then the current president appoints new members at that time. Never before in the sixty years since the EEOC was established has a president removed a commissioner early–until this year. Trump also has not nominated any new commissioners yet. And by removing two of the five commissioners and leaving their positions empty, the EEOC does not have a quorum to engage in certain activities, like rulemaking. (A third commissioner has already stepped down to take another position in the federal government, leaving that commissioner position open as well.)
Jocelyn Samuels Filed the Lawsuit, Alleging that the President Doesn’t Have Authority to Terminate Her
However, one of the terminated EEOC commissioners, Jocelyn Samuels, has just filed a lawsuit challenging her termination as unlawful under the Civil Rights Act of 1964. In her lawsuit, she argues that the Civil Rights Act does not allow for the president to remove commissioners early. Rather, Samuels alleges, Congress established that commissioners–nominated by the president and confirmed by the Senate–would serve staggered terms of five years to ensure continuity, stability, and insulation from political pressure. In essence, her being fired by Trump violates federal law.
As I noted back in January 2025, the Civil Rights Act is silent as to the circumstances when a president can remove a commissioner from the EEOC. For other agencies, such as the National Labor Relations Board (NLRB), the president can remove a member based on neglect of duty and after a hearing, and the terminated NLRB member has been fighting her own lawsuit regarding reinstatement. But we’re in new territory when it comes to the EEOC commission.
At this point, we’ll see if Ms. Samuels files a motion with the court asking for an order (called a preliminary injunction) that would put her back to work immediately and reverse the fact that she was fired by Trump. That’s the strategy that the NLRB member has followed in her separate federal lawsuit. If Samuels files that motion and if it is granted, then the court would order the federal government to return her to the commissioner role. Inevitably, the government would appeal. Both the NLRB case and this EEOC case are likely to make it up to the U.S. Supreme Court (although if the NLRB case gets decided first and goes in favor of Trump, then it could be that the EEOC lawsuit gets dismissed).
These actions by President Trump against the NLRB and EEOC, along with those against the heads of other federal agencies, are designed to get in front of the Supreme Court as part of a push to expand presidential/executive power over these federal agencies. There’s an old case from the 1930s that limits the president’s authority to terminate or remove heads of agencies, but the Supreme Court may be open to overturning that precedent and granting more authority to the president. The ultimate decision from the Court will have far-reaching impacts on all federal agencies.
Impact on South Carolina Employees
For South Carolina employees, the fact that Ms. Samuels was fired by Trump and this lawsuit will likely not impact the regular processing of EEOC charges. Employees still have to go through the EEOC first for employment claims based on age, race, sex, religion, national origin, or disability. You should still be mindful of the 300-day deadline to file those charges. If you have an attorney, your attorney can file the charge immediately without you having to wait the 3-6 months that the Greenville office is currently under just to get an interview.
If you have any concerns about harassment, discrimination in the workplace, please feel free to reach out to our office at (864) 233-4351 or via the Contact Us page.
