Trump taps DEI critic to lead workplace civil rights agency

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Washington, Nov 7 (AP) US President Donald Trump has named Andrea Lucas as chair of the country's top workplace civil rights agency, the agency announced on Thursday.
    The move signals a vote of confidence for Lucas' efforts to stamp out diversity programmes, roll back protection for transgender workers and prioritise religious rights at workplace.
    First nominated to the US Equal Employment Opportunity Commission (EEOC) in 2020 during Trump's first term, Lucas was confirmed in July for a second five-year term.
    Democratic lawmakers and dozens of civil rights organisations strongly opposed Lucas' confirmation, accusing her of politicising the agency against Congress' intent and undermining workers' civil rights. Republican senators praised her leadership, especially her commitment to rolling back the Biden-era guidance on workplace gender identity protection, which Lucas has argued overstepped the EEOC's authority.
    “I'm honoured to be designated Chair of the EEOC,” Lucas said in an emailed statement on Thursday.
    “Under the Trump administration, the Commission has made significant progress, advancing its core mission to uphold our nation's civil rights laws and protect American workers through consistent, effective enforcement. As Chair, I remain committed to enforcing the law evenhandedly, advancing equal opportunity, and upholding merit-based, colourblind equality in America's workplaces.”
    Trump elevated Lucas to acting chair in January and, in an unprecedented move, fired two Democratic commissioners, clearing the way to establish a Republican majority in the agency.
    The Senate last month confirmed Trump pick Brittany Panuccio as a commissioner, restoring the EEOC to the full power needed to deepen his overhaul of civil rights enforcement.
    In a shake-up of the agency's prior focus, the EEOC under Lucas' leadership has taken on several religious discrimination cases, including a charge against Mayo Clinic alleging it refused to grant a security guard's request for a religious accommodation to a mandatory Covid-19 vaccination policy. The hospital system did not immediately reply to a request for comment.
    It has also dropped lawsuits on behalf of transgender workers, subjected incoming complaints related to gender identity to heightened scrutiny, and stopped investigating complaints based on “disparate impact liability", a concept in US civil rights law designed to root out employment practices that disadvantage different demographic groups.
    Lucas has leveraged the agency to help the Trump administration target private institutions over their DEI programmes.
    Employment lawyer Scott Kelly of management-side firm Ogletree Deakins emphasised that while employers must not make employment decisions based on race or sex, and ensure that DEI program criteria and implementation comply with civil rights laws, DEI programming in general is not unlawful.
    “The devil would be in the details there,” Kelly said. "I like to remind my clients that we need to lean into the law and look at what precedent is out there that would govern the particular situation that they're coming to me for advice on.”
    The National Women's Law Center -- a legal organisation suing the EEOC over its treatment of discrimination complaints from transgender workers -- decried Lucas' promotion.
    “Andrea Lucas was handpicked by Trump to lead the EEOC and his mission of weaponising the agency to attack hardworking people across the country. As acting chair, she has made clear she is a Trump loyalist dedicated to carrying out his radical crusade against programs that encourage diversity, equity and inclusion," Lauren Khouri, senior director of workplace equality, said.
    “Lucas has a history of abandoning workers at every turn and leaving them without protection, including women workers, transgender and nonbinary workers, and workers of colour. People across the country are struggling to make ends meet and find stability at work, and we will fight to ensure they're able to work safely, free from harassment and discrimination," she said.
    Conservative legal organisation Wisconsin Institute for Law and Liberty, however, expressed optimism for the agency's future.
    “Andrea Lucas is a champion of equality and race-neutrality,” said WILL vice president and deputy counsel Dan Lennington.
    “The EEOC will be pivotal in extinguishing race-conscious policies, like DEI, from the private sector. The agency's investigation power can support the millions of Americans negatively impacted by racial preferences, goals, and quotas at work.” (AP) ARI
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