Top Democrats are demanding President Trump immediately reinstate two commissioners who were fired from the U.S. Equal Employment Opportunity Commission (EEOC) just days after he took office. 

In a letter to Trump, Democratic Reps. Robert C. “Bobby” Scott (Va.), ranking member on the House Committee on Education and Workforce, Jamie Raskin (Md.), ranking member on the House Committee on the Judiciary, and Gerald E. Connolly (Va.), ranking member on the House Committee on Oversight and Government Reform, argue the firing of Charlotte Burrows and Jocelyn Samuels from the EEOC was not only unprecedented, but unlawful. 

“The language authorizing the EEOC could not be more clear in its intent to create a commission that is bipartisan, independent, and not unduly influenced by the President,” the lawmakers wrote.

“Until now, no President from either party has ever removed an EEOC Commissioner before the expiration of their term.”

The EEOC was created under Title VII of the Civil Rights Act of 1964 as a bipartisan five-member commission to protect workers and job applicants from discrimination on the basis of race, color, religion, sex and national origin. 

Commissioners are appointed by the president and confirmed by the Senate to serve five-year terms. The terms are deliberately staggered to overlap presidential terms to ensure the agency’s independence.

Trump fired the two Democratic commissioners in late January as part of his crackdown on diversity, equity and inclusion policies. 

The agency was left with one Republican commissioner – whom Trump appointed acting EEOC chair the week before firing Burrows and Samuels – and one Democratic commissioner. 

Trump can fill three vacancies.

Both Burrows and Samuels shared they were exploring options to challenge their dismissals and said their firings undermined the agency’s independence. 

The three Democratic lawmakers are now demanding Trump provide all information, documents, and communications related to the decision to terminate and the termination of Burrows and Samuels.

“The Administration’s unprecedented dismissal of two Commissioners inhibits the EEOC’s ability to protect workers and undermines the historically bipartisan nature of the agency’s work to protect and advance civil rights,” the lawmakers wrote on Tuesday. 

“It also sends a clear signal to employers and employees that fighting discrimination no longer appears to be a priority for the federal government and that they cannot count on the EEOC to provide guidance and enforcement as new issues arise in the rapidly evolving and dynamic world of work.”