EEOC and NLRB Personnel Changes Come with Delays in Action

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Quick Look

  • Following recent terminations by the President, the EEOC and NLRB lack the required members in their respective agencies in order to take action.
  • Expect delays in regulatory changes and enforcement of recent executive orders.

Discussion:

Following the Inauguration, President Trump took quick action to dismiss a number of federal employees and appointees. Most notably, there were significant changes at the Equal Employment Opportunity Commission (EEOC) and National Labor Relations Board (NLRB).

 

At the EEOC, President Trump fired General Counsel Karla Gilbride and dismissed two of the agency’s three Democratic commissioners, leaving two commissioners remaining. More recently, Andrew Rogers was appointed as acting General Counsel. The EEOC requires at least three of the five possible members to be installed in order to take action, like issuing guidance, approving regulations, or changing EEO-1 requirements. This means that the recent executive orders issued by the President cannot be enforced by the EEOC until there are enough members. Existing litigation is expected to continue, and new cases may be filed if they do not require a Commission vote.

 

Similarly, at the NLRB, President Trump fired General Counsel Jennifer Abruzzo, acting general counsel Jessica Rutter, and board member Gwynne Wilcox, leaving only two remaining members. Recently, William B. Cowen was appointed as Acting General Counsel. Like the EEOC, the NLRB consists of a five-member board that requires at least three members in order to adjudicate or prosecute cases, or issue guidance or regulations. However, union activity will be processed and unfair labor practice investigations and claims will continue to be processed in the field.

 

There is already pending litigation over the firings with the potential for more lawsuits. Some of the firings were unprecedented, which may lead to a judicial determination on whether or not the President has the power to take these actions. Continue to look for updates on appointees at these agencies, which will signal a return to their fully functioning status and lead to a wave of changes.

 

Action Items

  1. Continue to comply with existing law.
  2. Review pending and anticipated cases with legal counsel for next steps.

 

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2025 ManagEase