03.27.25

Scott, Nadler, Murray, Stansbury and Leger Fernández Condemn Unlawful Dismissal of EEOC Commissioners, Demand Immediate Reinstatement

WASHINGTON – Today, Committee on Education & Workforce Ranking Member Robert C. “Bobby” Scott (D-VA), Representative Jerrold Nadler (D-NY), Senator Patty Murray (D-WA), Representative Melanie Stansbury (D-NM), and Democratic Women’s Caucus Chair Teresa Leger Fernández (D-NM) led 236 colleagues in a letter to President Donald Trump in response to his unprecedented and unlawful dismissal of Equal Opportunity Employment Commission (EEOC) Commissioners Charlotte Burrows and Jocelyn Samuels.

We write to express our outrage at your unprecedented dismissal of Commissioners Charlotte Burrows and Jocelyn Samuels of the bipartisan U.S. Equal Employment Opportunity Commission,” the Members wrote.“This unlawful abuse of presidential power undermines the EEOC’s historic independence, harms U.S. workers, and unduly politicizes the Commission’s work. It also impedes the Commission’s ability to fully carry out its critical mission on behalf of the American people. We urge you to swiftly reinstate Commissioners Burrows and Samuels. 

The EEOC was established in 1964 with strong bipartisan support to serve as an independent, multi-member body tasked with preventing and addressing employment discrimination. It is the primary federal law enforcement agency responsible for ensuring that workers are protected against discrimination on the basis of race, color, religion, sex (including pregnancy, childbirth, gender identity, and sexual orientation), national origin, age, disability, and genetic information. Workers rely on the EEOC to be a fair and independent body—not one subject to the shifting political whims of the executive branch.

Both Commissioner Burrows and Commissioner Samuels had been confirmed by bipartisan votes of the Senate prior to the start of their terms, with Commissioner Burrows’ term not set to expire until July 2028 and Commissioner Samuels term not set to expire until July 2026.

The Members highlighted the massive return on investment the EEOC delivers for the American people, stating, From 2014-2024, the EEOC recovered $5.6 billion for workers who were discriminated against under these laws, significantly more than the agency’s appropriations during that time period. For FY 2024, the EEOC secured a record $700 million for workers who experienced discrimination. The EEOC's role in enforcing these protections is essential to ensuring that all workers have a fair chance to obtain employment, provide for their families, and contribute to our economy.” 

The Members made clear the illegal firing by President Trump is an intrusion into Congress’ constitutional authority, stating, The Administration’s firing of Commissioner Burrows and Commissioner Samuels is unprecedented and an intrusion into Congress’ Article I constitutional authority. The appointment of EEOC Commissioners is governed by statute and is designed to ensure the agency’s independence from the executive.  The President appoints Commissioners and the Senate confirms them. That is the beginning and end of the executive’s role in determining who can sit on the Commission and for how long. The law not only expressly requires the Commission to be bipartisan, but it also sets out five-year terms, a design that ensures that Commissioners’ terms run between presidential terms, another purposeful action by Congress to ensure the Commission’s independence.” 

“Longstanding Supreme Court precedent also confirms that multi-member independent commissions such as the EEOC enjoy protection from “coercive influence” of the executive. In Humphrey’s Executor v. United States, 295 U.S. 602 (1935), the Supreme Court made clear that members of independent commissions like the EEOC cannot be removed at will by the President. Prior Presidents have agreed; no Commissioner of the EEOC has ever been removed prior to the expiration of their term in the Commission’s 60-year history.”

We write to express our outrage at your unprecedented dismissal of Commissioners Charlotte Burrows and Jocelyn Samuels of the bipartisan U.S. Equal Employment Opportunity Commission,” the Members concluded.“This unlawful abuse of presidential power undermines the EEOC’s historic independence, harms U.S. workers, and unduly politicizes the Commission’s work. It also impedes the Commission’s ability to fully carry out its critical mission on behalf of the American people. We urge you to swiftly reinstate Commissioners Burrows and Samuels. 

To read the full letter, click here.

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