***WATCH: Senator Murray’s questioning***
Washington, D.C. — Today, at a Senate Health, Education, Labor, and Pensions (HELP) Committee hearing to consider pending labor and civil rights nominations, U.S. Senator Patty Murray (D-WA), a senior member and former Chair of the HELP Committee, grilled Equal Employment Opportunity Commission (EEOC) Acting Chair and Commissioner nominee Andrea Lucas on dismissal of discrimination cases involving people who are nonbinary and the importance of the Pregnant Workers Fairness Act. Senator Murray also spoke out against Trump’s illegal firing of EEOC Commissioners Charlotte Burrows and Jocelyn Samuels, which she forcefully condemned in January and led a letter in March demanding their immediate reinstatement.
[FIRING OF COMMISSIONERS SAMUELS AND BURROWS]
Senator Murray began by addressing President Trump’s unprecedented move earlier this year to fire two Democratic Commissioners on the EEOC: “On January 27, President Trump made the unprecedented and illegal move to fire two EEOC Commissioners—Jocelyn Samuels and Charlotte Burrows—without cause. In the EEOC’s 60-year history, the President has never fired a commissioner before their term expired. Commissioner Lucas, in 2021 you actually criticized President Biden’s move to fire the former General Counsel, calling the EEOC a ‘independent agency.’ Now that President Trump is in charge, all of the talk about the EEOC’s ‘independence’ has disappeared. These illegal firings are yet another example of the very long list of ways President Trump is weaponizing and making independent agencies political—in this case, the one Americans actually rely on for justice when they face discrimination at work.”
“I led a letter to President Trump pressing him to reinstate Commissioners Samuels and Burrows, and I urge my colleagues to join me in opposing any nominations to the EEOC until President Trump does that,” SenatorMurray said.
[DISMISSAL OF DISCRIMINATION CASES]
Senator Murray moved onto her questioning, focusing on the EEOC’s recent move to dismiss nearly every lawsuit it had filed over the past year alleging discrimination against transgender and nonbinary workers following President Trump’s Executive Order on “Gender Ideology” that recognizing only two “immutable” sexes: “Under President Trump, the EEOC has moved to dismiss cases they had previously agreed on—by a majority vote—to litigate. For example, the Commission recently dismissed a case, Lush Cosmetics, where the EEOC itself had alleged that a manager: groped an employee, asked an employee for sex, commented on employees’ breasts, tried to engage employees in sexual discussions, and used sexual profanities. Commissioner Lucas, was it your decision to dismiss that case?”
Commissioner Lucas first acknowledged that she had conveniently changed her position on the independence of the EEOC: “Thank you for the question, Senator, and for the opportunity to acknowledge my prior tweet and to note that I was wrong at that time…the agency is an executive branch agency. At the time that I indicated that, I was not aware of the long record that the agency had taken that position, and therefore it’s important for as an executive agency us to follow the President when he directs us in an Executive Order to defend women’s rights and to refer to individuals solely by their biological pronouns—”
Senator Murray redirected Commissioner Lucas to answer her question, saying: “Can you answer the question on dismissing the case? You were Acting Chair of the Commission when Lush Cosmetics, was it your decision to drop the case?”
“It was my decision in consultation with our career staff, unanimous decision of the career staff, that it was impossible to both comply with the President’s Executive Order as an executive branch agency and also zealously defend the workers who we had brought the case on behalf. We could not balance both of those interests and therefore we gave them an opportunity to intervene, and the case proceeds forward with those workers taking a position on their own,” Commissioner Lucas replied.
“I just want to be clear—what you’re saying is that when an employee is groped, propositioned for sex, and called abject slurs at work, the EEOC will do absolutely nothing to enforce anti-discrimination laws if that employee happens to be nonbinary, or otherwise doesn’t conform to this administration’s ideas about gender,” Senator Murray responded. “Is that correct?”
Commissioner Lucas replied, “Respectfully, I disagree with that conclusion.”
“I don’t know what conclusion we come to other than that with that decision,” Senator Murray pushed back.
“It shouldn’t matter what someone’s gender identity is. If they are harassed at work, they should be able to get the justice they are entitled to under the law,” Senator Murray concluded.
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Throughout her career, Senator Murray has championed workers’ rights and fought to combat employment discrimination, including as the top Democrat on the Senate labor committee from 2015-2022—among other things, Senator Murray fought back against a proposed DOL rule by the Trump administration that would allow federal contractors and subcontractors to justify discrimination against women, LGBTQ+ people, and members of certain religious groups on ideological grounds. Senator Murray first introduced the Protecting the Right to Organize (PRO) Act—comprehensive labor legislation to protect workers’ right to stand together and bargain for fairer wages, better benefits, and safer workplaces—in the 116th Congress, and also leads the Bringing an End to Harassment by Enhancing Accountability and Rejecting Discrimination (BE HEARD) in the Workplace Act, comprehensive legislation to prevent workplace harassment, strengthen and expand key protections for workers, and support workers in seeking accountability and justice.
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