On January 20, 2025, President Trump designated Andrea Lucas as Acting Chair of the EEOC. Her priorities include gender identity, a focus on correcting unlawful favoritism and remedying misapplication of affirmative action. On January 27, 2025, President Trump fired two Democratic Commissioners on the Equal Opportunity Commission. These firings left only two members on the five-member Commission and leave the EEOC without a quorum. A quorum is required to initiate rulemaking, reverse any regulations or formal guidance, or make any other significant policy changes.
On January 28, 2025, Acting Chair Lucas issued a press release titled “Removing Gender Ideology and Restoring EEOC’s Role of Protecting Women in the Workplace.” The press release sets forth Acting Chair Lucas’ recent actions related to gender identity, which include actions like removing material related to gender ideology from the EEOC’s website. However, it is important to note that the lack of quorum hampers Acting Chair Lucas’ ability to reverse any prior EEOC guidance on gender identity.
Practically, this means that there have been no real changes to the law since the appointment of Acting Chair Lucas. Furthermore, even if the EEOC regains a quorum, a recent Supreme Court precedent, Loper Bright Enter., et al. v. Raimondo, et al., requires judges to exercise independent judgment rather than defer to an agency’s interpretation of the law. Thus, the courts will be applying the large body of anti-discrimination case law, including Bostock v. Clayton County, the most recent Supreme Court decision that held that Title VII of the Civil Rights Act prohibits employment discrimination on the basis of sex, and that encompasses adverse employment actions on the basis of sexual orientation or gender identity. Finally, it is also always important to remember that the EEOC cannot reverse state and local anti-discrimination laws.
We recognize that navigating the complexities of compliance can be challenging. We will continue to monitor these developments and provide updates.
