Andrea Lucas, Acting Chair of the U.S. Equal Employment Opportunity Commission (EEOC), stated during her confirmation hearing that the agency is not independent and is subject to lawful presidential directives. Questioning by Democratic lawmakers during her confirmation hearing led Lucas to acknowledge that her 2021 social media post (then on Twitter) incorrectly characterized the EEOC as an independent agency. She confirmed her position that the EEOC may follow White House orders concerning the disposition of its pending cases.
At a later point during the hearing, Lucas again confirmed her belief that the EEOC is not an independent agency, referring to President Trump’s removal of Democratic EEOC commissioners during his prior term, which she cited as precedent for executive authority over the agency. According to Lucas, the EEOC’s Office of Legal Counsel and the Justice Department have recognized the EEOC as an executive branch agency since the 1970s, due to its enforcement of federal antidiscrimination laws, whose authority is rooted in the Constitution. Lucas then reiterated that the EEOC could comply with lawful presidential orders, even if President Trump asked the agency to dismiss a case or rule a certain way.
Meanwhile, the EEOC has made various decisions to step away from gender identity discrimination cases involving transgender and nonbinary workers that the agency filed under the previous administration. Lucas stated that she approved the dismissal of one such case with the unanimous agreement of EEOC career staff members. The dismissal was based on Trump’s executive order ending the federal government’s recognition of the concept of gender identity.
Nonetheless, Lucas indicated that the EEOC would continue all types of discrimination charges, including those based on gender identity, acknowledging the U.S. Supreme Court’s binding decision in Bostock v. Clayton County, 590 U.S. (2020), which held that Title VII prohibits discrimination based on sexual orientation and gender identity. However, Lucas had no comment on whether the agency has directed staff to categorize gender identity discrimination cases brought by transgender employees as meritless charges, stating confidentiality concerns.
Lucas further acknowledged the U.S. Supreme Court’s decision in Ames v. Ohio Department of Youth Services, which lowered the burden of proof for majority-group employees alleging discrimination. She stated that the holding in the Ames case only bolstered the EEOC’s historical position on the issue.
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