EEOC commissioners and NLRB member fired, leaving both panels in limbo

Among the actions President Trump took during the first weeks of his second term, he fired Democratic members of the Equal Employment Opportunity Commission (EEOC) and the National Labor Relations Board (NLRB), an unprecedented move that resulted in both agencies lacking the ability fulfill many of their major functions.

EEOC has no majority

President Trump fired two of the three Democratic commissioners on the five-seat EEOC on January 27, 2025. The president terminated former Chair Charlotte Burrows, whose term was scheduled to expire on July 1, 2028, and Jocelyn Samuels, the former vice chair of the commission, who was scheduled to serve until July 1, 2026. The president also fired EEOC General Counsel Karla Gilbride, who was confirmed during the Biden administration for a four-year term ending in 2027. Both commissioners indicated they are exploring legal options to challenge their terminations. However, they do not enjoy the specific statutory protections afforded to members of the NLRB and may be exposed to summary dismissal by the president.

The firings leave Acting Chair Andrea Lucas, a Republican, and Commissioner Kolpana Kotagal, a Democrat, as the only members of the EEOC and deprive the commission of a working quorum.

In the absence of a quorum, the EEOC cannot move forward on any significant policy changes. It also limits the agency’s ability to commence high-stakes or high-profile litigation, although routine litigation may still be commenced without commission approval.

NLRB member fired,  Board has no quorum