While You Were Sleeping… President Trump Reshaped the EEOC and NLRB

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According to multiple reports, including NPR and Reuters, President Trump has taken decisive action to reshape key federal labor and employment agencies, removing several high-profile officials. Among those dismissed are National Labor Relations Board (NLRB) General Counsel Jennifer Abruzzo and U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Karla Gilbride—moves that, while significant, were widely expected.

But President Trump hasn’t stopped there.

Sweeping Changes at the NLRB and EEOC

Beyond these expected changes, the President has reportedly removed NLRB Member Gwynne Wilcox and EEOC Commissioners Jocelyn Samuels and Charlotte Burrows.

Ms. Samuels, initially appointed by President Trump in 2020, publicly criticized her removal, stating that she learned of it via a late evening email from the White House. She argues that her early dismissal is “unprecedented,” “unlawful,” and demonstrates a misunderstanding of the EEOC’s role as an independent agency. She is reportedly exploring legal options.

Ms. Samuels has strongly advocated for DEIA initiatives “eliminating barriers that may unlawfully limit opportunities for workers based on protected characteristics.” In her statement, Ms. Samiels also decried what she described as “this Administration’s demonization of transgender individuals” as “both cruel and inconsistent with the law.”

Ms. Wilcox, the first Black female member of the NLRB, has also called her removal “unprecedented and illegal,” citing long-standing Supreme Court precedent that limits a President’s ability to remove Board members. The National Labor Relations Act states that the President may remove Board members “upon notice and hearing” only “for neglect of duty or malfeasance in office, but for no other cause.”

These removals have left the NLRB with two members, Democrat David Prouty and Republican Marvin Kaplan, and the EEOC with two remaining Commissioners: Andrea Lucas and Kalpana Kotagal. Neither agency currently has a quorum, severely limiting rulemaking and decision-making capabilities. Critics argue this could stall essential functions, particularly in enforcing worker protections.

The Fallout: What This Means for Employers

These removals will have significant consequences for employers. With the NLRB and EEOC depleted at the top, regulatory enforcement may slow, creating uncertainty in areas like rulemaking, labor disputes, and workplace policies. Here are some key takeaways:

1. Expect Delays
Without a quorum, these agencies may struggle to issue rulings/guidance, litigate, or enforce policies, potentially delaying decision-making that could impact employees and employers.

2. Uncertainty in Labor and Employment Law
The lack of agency leadership could create a legal gray area, leaving employers in limbo on evolving federal compliance obligations and best practices.

3. Proactive Compliance is Key
Even in a regulatory slowdown, businesses should not become complacent. Employers should continue to prioritize compliance with federal anti-discrimination and labor laws.

As these dramatic changes unfold, HR professionals and business owners should stay informed, work closely with legal counsel, and be prepared to adapt to an evolving labor and employment landscape.

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