Trump sued by Democrat he removed from US civil rights agency

Jocelyn Samuels, who was fired by Trump on January 27, said the Republican president lacked the power to remove her from office.

A Democratic former member of the federal agency that enforces U.S. laws banning workplace discrimination filed a lawsuit on Wednesday claiming her firing by President Donald Trump was illegal and which seeks to allow her to be reinstated to her post.

Jocelyn Samuels, one of two members of the Equal Employment Opportunity Commission fired by Trump on January 27, said the Republican president lacked the power to remove her from office, an unprecedented move that has rendered the five-member commission unable to do much of its work.

It is the latest test of Trump's powers over federal agencies that, like the EEOC, were designed to be independent from the White House. Democrats who were removed by Trump from a number of multi-member agencies have filed lawsuits, two of which are likely headed to the U.S. Supreme Court.

No president had ever removed an EEOC commissioner from office, and the firings by Trump left the agency, which already had one vacancy, without a three-member quorum. The agency's acting chair, Trump appointee Andrea Lucas, has moved to roll back legal protections for transgender workers and crack down on workplace diversity, equity and inclusion programs, including demanding information on DEI policies from 20 large law firms.

Lucas' moves have prompted criticism from a growing number of Democratic former EEOC officials, including Samuels and several other former commissioners. They have said in letters and public statements that some of Lucas' actions were beyond her powers and would leave many workers more vulnerable to discrimination and harassment.

"Trump’s efforts to hamstring the EEOC are consistent with and further his Administration’s efforts to turn back the clock on decades of established precedent protecting workers and job applicants from discrimination, but they are contrary to law," Samuels said in her lawsuit.

The White House and the EEOC did not immediately respond to requests for comment.

Trump in January also fired Democratic Commissioner Charlotte Burrows, who has said she is considering her legal options, and EEOC General Counsel Karla Gilbride. Trump in an email to Burrows and Samuels said he was firing the officials because of their views on sex discrimination and support for DEI initiatives, which Trump is seeking to curb.

EEOC commissioners are appointed by the president and confirmed by the Senate, and the commission cannot include more than three members from one political party. They serve staggered five-year terms, so control of the agency typically does not change hands for a year or two after a new president takes office.

Federal laws allow the president to remove members of several independent agencies only for neglect of duty, malfeasance or inefficiency. But the primary law enforced by the EEOC, Title VII of the Civil Rights Act of 1964, merely says that once commissioners are confirmed, they "shall continue to serve until their successors are appointed and qualified."

Samuels in the lawsuit says that means the president cannot remove a commissioner from office without cause.

"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," she said.