By Lily Kerr
On March 25, 2025, President Trump renominated Commissioner and Acting Chair Andrea R. Lucas for a second five-year term at the Equal Employment Opportunity Commission (EEOC). Originally nominated by Trump during his first term in 2020, Lucas was designated as Acting Chair of the commission following his second inauguration in January of 2025. Prior to her tenure at EEOC, Lucas practiced labor and employment law at Gibson, Dunn & Crutcher LLP in Washington, D.C.
As Acting Chair, Lucas has issued several directives to employers, hinting at the Commission's future direction under the current administration. Following Trump’s executive action curtailing Perkins Coie LLP’s business with the federal government, Lucas issued letters to a list of 20 law firms (including Perkins Coie) requesting information regarding their diversity, equity, and inclusion (DEI) practices. The letters requested a body of detailed policies and data regarding such employment practices be provided no later than April 15, 2025.
In response to these letters, a group of former EEOC officials, including Chairs, Commissioners and General Counsels, requested the letters be withdrawn. The officials also asserted that the requests made in the letters are beyond the scope of EEOC’s authority under Title VII of the Civil Rights Act (Title VII) and may be in violation of the Paperwork Reduction Act (PRA).
Additionally, in partnership with the Department of Justice (DOJ), EEOC recently issued a press release along with two technical assistance documents regarding DEI in the workplace. These resources are intended to clarify the current administration’s interpretation of practices that constitute “illegal DEI.” Specifically, the one-page “What to Do If You Experience Discrimination Related to DEI at Work” details the pathways employees can take when filing charges of discrimination. The second document “What You Should Know About DEI-Related Discrimination at Work,” provides several examples of employment practices that can be deemed “illegal DEI.”
Lucas is expected to be confirmed for a second term with the Commission. DCI will continue to monitor EEOC activity and provide relevant updates on our blog.
