The throwing of EEOC commissioners can test a 90 -year -old Scotus decision on presidential powers

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• Former President of the Emacle Emaches Opportunity Commission in the USA and Commissioner Charlowe A Burrows will be represented by Lisa Banks and Debra Katz – the same lawyers who represented Christine Blasey Ford – Katz Banks Kumin Announced on January 28The day after President Donald Trump dismissed Burrows from Eeoc.
• Burrows, a Democrat, was first appointed in 2015. She held the position of president from January 2021 until January 2025 and was recently confirmed to a third term expiring in July 2028, she said in a statement by KBK press. Former EEOC commissioner, Jocelyn Samuels and former General Council Karla Gilbride, democrats appointed in conclusion in 2026 and, respectively, in 2027, were also dismissed.
• “The removal of the commissioner goes crazy from his position, three and a half years before his term of office at EEOC, is only the latest political attack I have seen from President Donald Trump in his coordinated effort to undress the federal government, “Banks said in the announcement.

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Katz and Banks, KBK founding partners, are not foreigners with high profile cases. In addition to the representation of Blasey Ford, who presented charges of sexual assault against the judge of Supreme Court Brett Kavanaugh during his confirmation session, the company represented customers who brought accusations against John Falcicchio, former deputy mayor of Washington, DC and 40 former. Employed employees of Washington commanders, among others.

During the press, Katz and Banks did not say how they will continue in the representation of creams.

But statements Samuels posted on X indicated a probable approach: “More than 60 years ago, the Congress created EEOC as a bipartid agency, independent, no more than three members whose members can belong to the same political party”, of she wrote.

“My removal from my position before the expiration of my term directed in Congress is not precedent, violates the law and represents a fundamental misunderstanding (that EEOC) is not controlled by a single secretary of cabinet,” said Samuels.

Title VII of the law on civil rights of 1964 created the Five members Board and specifies that EEOC commissioners have been carrying out fixed terms for five years, lawyers Seyfarth Shaw Rachel See and Andrew Scoggins wrote in a post from January 28.

With the removal of Burrows and Samuels, the Republican appointment Andrea Lucas, now holding the position of interim president, and Kalpana Kotagal, a democrat holding the position of Commissioner, are currently the only members of the EEOC Board.

With only two commissioners, EEOC is left without a quorum and is prevented from making decisions or to issue or rewrite the formal guidance, although the interim president Lucas announce Last week, in accordance with the Executive Order of President Trump 14168 on gender ideology, EEOC “returns” the “genre of the Biden Administration”.

Lucas also indicated that the 2024 EEOC application guidance on his strategic harassment and plan for 2022-2026, whose interpretations and priorities he publicly opposed, is likely to be on the chopping block once the vacancies are busy. And a quorum is possible.

EEOC is accused of applying federal laws on civil rights for employment. President Trump’s actions will not only significantly weaken the operation of the agency, but will weaken “the protections offered to American workers in jobs throughout the country,” Banks said.

Regarding the legal issues here, the federal law offers the US president the authority to appoint EEOC commissioners, “with the Senate consent and agreement,” said the Sullivan & Cromwell law firm on January 30. BLOGS.

However, there is no provision in Title VII to allow the president to remove a “for cause” commissioner, said Seyfarth Post.

The dismissal of President Trump de Burrows and Samuels, along with its removal The General Councilor of the National Council for Labor Relations, Jennifer Abrzzo and member of the NLB Board of Directors, Gwynne Wilcox, appears to be designed and potentially extending the President of the Powers, seeing and noted Scroggins.

This would include the granting of the president of the authority without restrictions to eliminate the executive branch officers, the lawyers noted.

In particular disputes could eventually lead to the US Supreme Court to review and overturn potentially Humphrey’s executor v. United StatesA decision of Scotus from 1935, which confirmed “the power of the Congress to create independent councils and commissions whose members that the president could not remove,” wrote See and Scroggins.