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Wednesday, December 3, 2025

Resetting the EEOC: President Trump Removes Two EEOC Commissioners, Discharges General Counsel - Ogletree Deakins

Quick Hits

  • President Trump removed two of the three Democratic commissioners on the EEOC.
  • The removals leave the EEOC with two remaining commissioners and likely will lead to a Republican majority that will push the president’s agenda, including recent executive orders.
  • The unprecedented action is likely to lead to legal challenges regarding the grounds for removing the EEOC commissioners.

According to media reports, on January 28, 2025, Commissioners Burrows and Samuels said that the White House had informed them on the evening of January 27 that they were being removed from their positions. Their removals now shift the political majority on the five-member board, as Democrats would have retained a majority through Commissioner Samuels’s term, which was to have ended in 2026.

Commissioner Burrows, who previously served as commission chair from January 2021 through the end of the Biden administration on January 19, 2025, had served as a commissioner since 2015, most recently being confirmed in November 2023 to a third term that was set to expire on July 1, 2028.

Commissioner Samuels was first appointed by President Trump in 2020 during his first term and later nominated by then–President Joe Biden for a second five-year term that was not set to end until July 1, 2026.

Two EEOC commissioners remain: Commissioner Andrea R. Lucas, whom President Trump designated as acting chair shortly after taking office, and Commissioner Kalpana Kotagal, a President Biden–appointee whose...



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