Today, the leaders of the Congressional Equality Caucus (CEC), Democratic Women’s Caucus (DWC), Congressional Asian Pacific American Caucus (CAPAC), Congressional Hispanic Caucus (CHC), and the Congressional Black Caucus (CBC), released the following statements highlighting how President Trump has spent his first three weeks in office undermining civil rights protections and enforcement for workers:
“The U.S. Supreme Court decided in Humphrey's Executor v. United States that the president does not have the right to fire independent agency leaders before the conclusion of their term. President Trump’s decision to fire the independent commissioners of the Equal Employment Opportunity Commission (EEOC) – a move that has never happened in the 60-year agency – will leave millions of hardworking Americans vulnerable to illegal workplace discrimination,” said Rep. Yvette D. Clarke, Chair of the Congressional Black Caucus. “President Trump’s complete disregard for the civil rights protections of the American people is unacceptable and will have profound impacts on Black communities around the country. Without leadership dedicated to protecting American workers, the EEOC will not have the ability to address claims of illegal workplace discrimination based on race, color, religion, national origin, sex, pregnancy, age, disability, and genetic information. Once again President Trump is breaking the law at the expense of the American people that he promised to protect, while looking out for his billionaire friends. Congressional Democrats are prepared to fight because we will not allow this president to take our communities backward.
“Since Day One, President Trump has been undermining civil rights enforcement for American workers, from rescinding a 60-year-old civil rights era Executive Order that prohibited discrimination in federal contracting to unlawfully firing two commissioners on the Equal Employment Opportunity Commission,” said Rep. Mark Takano (CA-39), Chair of the Congressional Equality Caucus. “As part of Trump’s campaign to weaponize of the federal government against minorities, including transgender people, the White House has directed federal agencies to go after private employers who work to address historic discrimination in their fields. Now, agencies like the EEOC are following Trump’s lead and have stopped processing all sexual orientation and gender identity discrimination complaints. Make no mistake: these attacks are a threat to EVERY American’s rights. Even though Title VII still prohibits discrimination in employment—including against LGBTQI+ workers—Trump wants to keep the federal government from enforcing civil rights. These attacks shows us all just how much more he cares about attacking minorities than solving any problems facing Americans.”
"Our country was founded on the idea that anyone, no matter their background, can become successful and achieve their dreams — but this promise was not fully realized by all Americans, including Asian Americans, Native Hawaiians, and Pacific Islanders (AANHPI), until the federal government took action to protect historically marginalized communities from discrimination," said Rep. Grace Meng, Chair of the Congressional Asian Pacific American Caucus."The Trump administration has since rolled back these critical protections, opening the door for workplaces to violate the law and discriminate against their workers. This cannot stand. I will continue fighting with my colleagues to ensure every worker is treated fairly and with dignity and respect."
“President Trump’s actions to end equal employment opportunities and remove civil rights protections for workers are a threat to women and families everywhere. Trump is trying to legalize discrimination—it is unlawful and unacceptable. Women are equal to men. At work, in schools, in the voting booth, and in our communities. Period,” said Democratic Women’s Caucus Chair Teresa Leger Fernández (NM-03). “These actions, the fact that some of Trump’s cabinet thinks that we shouldn’t work or vote, and the reality that women still make less money than men for equal work mean we must continue our fight for equality in the workforce and economy.”
“Civil rights laws made this country a better place to work for everyone. Firing EEOC commissioners fills the Trump bingo card: It’s equal parts illegal, discriminatory, unprecedented, unnecessary and counterproductive,” said Congressional Hispanic Caucus Chair Rep. Adriano Espaillat. “The EEOC was established as an independent, balanced and bipartisan institution to mediate competing claims. This power grab only shows weakness – this administration can’t protect its billionaire masters while playing by the rules.”
BACKGROUND
Since January 20, the Trump Administration has worked tirelessly—and often unlawfully—to undermine the enforcement of Americans’ civil rights, especially the rights of women, the LGBTQI+ community, Americans of color, and other marginalized communities.
Rescinding a 60-Year Old Civil Rights Era Executive Order
On January 21, President Trump rescinded Executive Order 11246 of September 24, 1965, which, as amended, prohibited federal contractors from discriminating on the basis of race, color, religion, sex, sexual orientation, gender identity, or national origin and to take actions to increase the participation of underrepresented groups. The Executive Order and the Office of Federal Contract Compliance Programs (OFCCP), which worked to enforce it, were critical to ensuring federal contractors were not discriminating. Although Title VII continues to prohibit discrimination on the basis of race, color, religion, sex (including sexual orientation and gender identity) and national origin, Title VII does not reach all the companies covered by EO 11246. In addition, EO 11246 provided powerful enforcement tools to better ensure contractors’ compliance with their nondiscrimination requirements.
Ending Efforts to Ensure Minorities Have Equal Opportunity to Participate in the Federal Workforce
Since taking office, President Trump has issued multiple Executive Orders (e.g., Executive Order 14148; Executive Order 14151; Executive Order 14185; Executive Order 14168; Executive Order 14170) to end efforts to address systematic and historical discrimination against minority communities in the workplace and ensure the federal work is a welcoming environment for all.
Weaponizing Civil Rights Laws to Undermine Equal Employment Opportunities
President Trump has called on federal agencies to weaponize civil rights laws to intimidate private companies to end efforts the companies have undertaken to recruit and retain talent from historically marginalized and underrepresented communities. The order specifically calls for a plan in which each agency must include recommendations for “up to nine potential civil compliance investigations of publicly traded corporations, large non-profit corporations or associations, foundations with assets of 500 million dollars or more, State and local bar and medical associations, and institutions of higher education with endowments over 1 billion dollars.”
Hindering the EEOC from Enforcing Nondiscrimination Protections
On January 28, President Trump unlawfully fired two Equal Employment Opportunity Commission (EEOC) Commissioners. The EEOC is a bipartisan, independent agency tasked with enforcing civil rights laws and protecting workers from discrimination and, by firing these Commissioners, President Trump has severely hindered the EEOC’s ability to do any work as the EEOC no longer has a quorum.
Undermining Civil Rights Enforcement for LGBTQI+ People
President Trump has taken actions to end all government support for transgender people and ordered agencies and federal employees to refuse to acknowledge the existence of transgender people and gender identity. He has unlawfully called for agencies to misapply the Civil Rights Act in order to require workplaces to bar transgender employees from using the appropriate facilities and has instructed federal agencies to defy binding EEOC precedent that applies to federal agencies (Lusardi v. Dep't of the Army) in order to bar federal transgender employees from using the appropriate restrooms. Following President Trump’s lead, the Acting Director of the EEOC has calledfor rolling back protections for transgender workers, and the EEOC has ordered its employees to stop processing claims alleging sexual orientation and gender identity discrimination under Title VII of the Civil Rights Act.