Civil rights agency's acting chief to face questions on anti-DEI, transgender stances

San Francisco Chronicle​

4 hours ago

WASHINGTON, D.C. (AP) — The acting chief of the country's top agency for enforcing worker rights will face questions at a Senate committee hearing Wednesday over her efforts to prioritize anti-diversity investigations while sidelining certain racial and gender discrimination cases and quashing protections for transgender workers.
Andrea Lucas, who was first appointed to the Equal Employment Opportunity Commission in 2020 and elevated to acting chief in January, is one of four Labor Department nominees to appear before the Senate Committee on Health, Education, Labor and Pensions. Her nomination to serve another five-year term as an EEOC commissioner requires Senate confirmation, though whether she stays on as chief will be up to President Donald Trump.
Lucas, an outspoken critic of diversity, equity and inclusion practices and promoter of the idea that there are only two immutable sexes, has moved swiftly to enact Trump's civil rights agenda after he abruptly fired two of the EEOC's Democratic commissioners before the end of their five-year terms, an unprecedented move in the agency's 60-year history that has been challenged in a lawsuit.
Lucas is prioritizing worker rights that conservatives argue have been ignored by the EEOC. That includes investigating company DEI practices, defending the rights of women to same-sex spaces and fighting anti-Christian bias in the workplace.
Republican Sen. Bill Cassidy, chairman of the Senate committee holding the hearing, has championed many of those causes. He accused the EEOC under the Biden administration of 'injecting its far-left" agenda into the workplace, including by updating sexual harassment guidelines to warn against misgendering transgender workers and including abortion as a pregnancy-related condition under regulations for the Pregnant Workers Fairness Act.
Questioning the EEOC's independence
Democrats on the committee are likely to grill Lucas over criticism that she overstepped her authority by profoundly shifting the EEOC's direction to the whims of the president in the absence of a quorum, which commission has lacked since Trump fired the two commissioners.
Sen. Patty Murray, a member of the committee, said she will oppose any EEOC nominations unless Trump reinstates the two fired Democratic commissioners, which she and more than 200 other Democratic senators and Congress members condemned in a letter to the president as an abuse of power.
'President Trump is weaponizing the independent EEOC to serve his personal political agenda, firing commissioners without cause and warping the mission of the EEOC beyond recognition,' Murray said in a statement ahead of the hearing. 'Commissioner Lucas is a right-wing extremist who has been in lockstep behind Trump's pro-discrimination agenda.'
Lucas has made clear her views of the limitations of the EEOC's autonomy. In a recent memo to employers, Lucas declared that the 'EEOC is an executive branch agency, not an independent agency" that will "fully and robustly comply" with all executive orders. That includes two orders that Trump signed in January: one directing federal agencies to eliminate their own DEI activities and end any 'equity-related' grants or contracts, and the other imposing a certification provision on all companies and institutions with government contracts or grant dollars to demonstrate that they don't operate DEI programs.
The EEOC's new approach alarmed more than 30 civil rights groups, which sent a letter to the Senate committee demanding that Lucas face a hearing. The groups argued that the EEOC was created by Congress under 1964 Civil Rights Act to be a bipartisan agency that would function independently from the executive branch.
The EEOC, the only federal agency empowered to investigate employment discrimination in the private sector, received more than 88,000 charges of workplace discrimination in fiscal year 2024. Its commissioners are appointed by the president to staggered terms, and no more than three can be from the same party. Much of the EEOC's authority is granted by Congress, including the obligation to investigate all complaints and enact regulations for implementing some laws.
EEOC shifts the focus of discrimination cases
Under Lucas, the EEOC dropped seven of its own lawsuits on behalf of transgender or nonbinary workers. It also moved to drop a racial discrimination case on behalf of Black, Native American and multiracial job applicants after Trump ordered federal agencies to stop pursuing discrimination that falls under 'disparate impact liability,' which aims to identify practices that systematically exclude certain demographic groups.
Instead, Lucas has turned the EEOC's attention to investigating company DEI practices. In her most high profile move, she sent letters to 20 law firms demanding information about diversity fellowships and other programs she claimed could be evidence of discriminatory practices.
Lucas has also repeatedly encouraged workers nationwide to come forward with DEI complaints. She launched a hotline for whistleblowers and said workers should be encouraged to report bad DEI practices after a Supreme Court decision made it easier for white and other non-minority workers to bring reverse-discrimination lawsuits.
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