Ex-civil rights agency commissioner fired by Trump drops lawsuit in wake of Supreme Court ruling
NEW YORK (AP) — The former Democratic commissioner of one of the nation’s leading civil rights organizations dropped the lawsuit Monday challenges his impeachment Referring to a recent statement made by President Donald Trump Supreme Court decision This significantly increased the president’s power over independent institutions.
Trump’s unprecedented dismissal of Jocelyn Samuels and another Democrat from the Equal Employment Opportunity Commission paved the way for his shakeup of civil rights enforcement that prioritizes eradication. diversity and inclusion practicesweaken the protections trans workers and supporting discrimination claims. against white workers and US-born workers.
The EEOC on Monday advanced some aspects of that plan, releasing: regulatory agenda The legislation, which includes proposals to end annual collection of workplace demographic data and rescind longstanding guidance, includes a warning that requiring employees to use only English at work could be discriminatory, among other changes.
One of Trump’s first acts as president was to destroy the Democratic majority on the otherwise five-member EEOC, removing what would have been a major obstacle to his civil rights agenda. Dismissals of Samuels and Charlotte Burrows An unprecedented situation occurred in the history of the EEOC, created by Congress through the Civil Rights Act of 1964, before the end of their five-year term.
The EEOC commission now consists of two Republicans and one Democrat. Trump has not yet nominated candidates to fill the two vacant seats on the commission.
Samuels argued in his lawsuit that Congress determined that EEOC commissioners, appointed by the president and confirmed by the Senate, would serve staggered terms to ensure “continuity, stability, and insulation from political pressure.”
But in a statement Monday, Samuels said he was dismissing his case because the Supreme Court’s decision in a separate case “leaves me without a valid avenue to continue to appeal my termination.”
Last week, the Supreme Court upheld Trump’s firing of chairmen of independent agencies other than the Federal Reserve, reversing a 91-year-old decision limiting when presidents can remove board members of independent agencies.
E.O.C. President Andrea Lucas Applauded the decision of the Supreme Court a LinkedIn post last week, saying it reinforced that “the EEOC is an executive branch agency.”
In a statement about the new regulatory agenda Monday, an EEOC spokesperson said the agency “is committed to implementing President Trump’s landmark civil rights agenda dedicated to the impartial enforcement of federal civil rights laws.”
Kalpana Kotagal, the EEOC’s only Democrat commissioner, voted against the agenda, saying in a statement that “the proposed changes undermine civil rights protections for workers and undermine the agency’s investigative and enforcement efforts.”
The regulatory agenda includes a proposal to end the 40-year-old requirement that companies with 100 or more employees or federal contractors with at least 50 employees submit workforce demographic data to the EEOC.
Lucas has publicly warned companies not to use such demographic data to justify what he describes as potentially discriminatory practices to increase the diversity of their workforce. The EEOC said in its proposed rescission that the requirements impose “significant financial and administrative burdens on the nation’s employers.” The repeal will almost certainly be approved by the EEOC panel but will be subject to a public comment period before final passage.
Conservative critics said the demographic data encouraged the EEOC to assume discrimination was behind any gender or racial imbalance in a company’s workforce. Supporters say the EEOC uses annual surveys to help spot discriminatory patterns, guide its priorities and track how women and minorities have fared since the passage of the Civil Rights Act.
“The EEOC has been collecting this data from employers for six decades. It is difficult to understand why the agency would kneecap its ability to investigate discrimination, especially at a time when the EEOC is chronically understaffed and underfunded,” Kotagal said.
The EEOC also announced its intention to rescind the 1980 guidance defining discrimination based on national origin; This guidance warned employers that any requirement that workers speak only English “could create an atmosphere of inferiority, isolation, and intimidation based on national origin that could lead to a discriminatory work environment.” The EEOC argued that the guidelines were outdated and incorrectly made the “presumption that English-only rules violate Title VII in some cases.”
Last week, the EEOC voted to jettison longstanding guidelines on what types of voluntary affirmative action employers can use to improve job opportunities for women and minorities without violating Title VII of the Civil Rights Act of 1964, which prohibits employers from making employment decisions based on race, color, national origin, sex and religion. The EEOC reversed its position that employers could pursue certain programs, such as training for women and minorities or steps to expand their hiring pools, without running afoul of Title VII.
Also on the EEOC’s agenda, Pregnant Workers Fairness ActA law giving women the right to seek workplace accommodation due to pregnancy and related medical conditions. Lucas opposed Biden-era regulations to include abortion as a condition that allows for accommodations such as time off for medical appointments.
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