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ARTICLE · 05 FEBRUARY 2025

EEOC, Like NLRB, Lacks Quorum, Stalling Rulemaking Under New Administration

Proskauer Rose LLP
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On Monday, January 27, 2025, President Trump removed Equal Employment Opportunity Commission (the "EEOC" or the "Commission") commissioners Charlotte A. Burrows...

United StatesEmployment and HR
Evandro Gigante
Evandro Gigante
Keisha-Ann Gray
Keisha-Ann Gray
Steven Pearlman
Steven Pearlman
Laura Fant
Laura Fant
Delia Karamouzis
Delia Karamouzis
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On Monday, January 27, 2025, President Trump removed Equal Employment Opportunity Commission (the "EEOC" or the "Commission") commissioners Charlotte A. Burrows and Jocelyn Samuels, the two confirmed in separate statements. The move, which may face legal challenges, marks the first time that a president has removed an EEOC commissioner without cause prior to the expiration of their five-year term. The removals leave the EEOC, a five-member Commission, with only two remaining commissioners: Andrea R. Lucas, a Republican tapped by President Trump last week to serve as Acting Chair, and Kalpana Kotagal, a Democrat appointed by former President Biden, whose term is set to expire on July 1, 2027. The final seat on the Commission has been vacant since July 1, 2024, when former Commissioner Keith Sonderling, who was recently nominated by President Trump to serve as deputy labor secretary, completed his five-year term.

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