Companies can’t just wipe the slate clean regarding past discrimination against employees.

Lucas discussed with DCNF the ongoing efforts to safeguard religious freedom, oppose diversity, equity, and inclusion (DEI) initiatives, and protect women’s spaces in the workplace.

She noted, “Many companies seem to want something akin to a memory hole for what occurred between 2020 and 2024.”

“That’s simply not feasible,” she added. “Bad actions come with financial repercussions, and we aim to make those consequences clearer while supporting the victims affected.”

Changes under Trump’s EEOC

Lucas served as commissioner toward the end of Trump’s first term and continued during Biden’s administration. She observed several “interactions,” but found the most significant change to be the shift in who controls the White House.

“That’s pertinent because administrative agencies are the center of this discussion,” she remarked, adding that her colleague’s recent job loss is part of this dynamic.

In January, President Trump removed two Democratic members from their positions, which has fueled litigation regarding the agency’s independence.

Lucas was appointed as deputy chair by Trump and was confirmed by the Senate, a vote of 52 to 45 marking the start of her new term. For Lucas, the proper enforcement of civil rights law begins with foundational principles.

“It involves understanding the actual legal framework and considering the broader tapestry of our nation: the belief that all humans are fundamentally deserving of dignity,” she stated. “This is crucial for the ideas of equal protection and opportunity. The victim-oppressor dynamic stems from power struggles, not from a Marxist viewpoint.”

Restoring the institution

“The overarching goal is to re-establish control over agencies,” Lucas indicated.

In April, the agency made headway against major law firms that had previously committed to DEI practices, signifying a pushback against such policies.

Lucas expressed, “When a prominent law firm changes its approach, it can create a ripple effect.” These firms often guide Fortune 500 companies on DEI matters.

Companies like Citigroup and Disney have revisited their DEI policies since Trump’s election.

Challenging identity politics is crucial, Lucas said, as it targets a “cultural movement,” predominantly influenced by elite institutions.

“Focusing on elite universities, law firms, and consulting firms can lead to broader cultural shifts,” she explained.

Overlooked misconduct under Biden

Lucas pointed out multiple instances where the Biden administration could have acted to safeguard employees but chose not to.

Numerous discrimination claims related to Covid-19 vaccine mandates have been filed, yet lawsuits have been infrequent. Under Lucas’s leadership, the EEOC has already initiated legal action against institutions failing to provide religious accommodations. However, efforts like targeting anti-Semitism at Columbia University have stalled.

Under Biden, the EEOC didn’t exhibit a “crazy awakening” concerning DEI, as Lucas characterized the law in this area as conservative.

“While my colleagues might have been averse to it, they weren’t going to entirely dismiss the current legal landscape,” she noted, emphasizing a lack of decisive action.

After the Supreme Court’s decision regarding racial preferences in university admissions, companies have started to reevaluate their approaches, yet Lucas highlighted that employment law does not exempt DEI initiatives.

“Lack of authority”

The Democratic Party’s majority committee plans to maintain guidance on restrooms and locker rooms, labeling misuse of pronouns as harassment.

While many are focused on President Biden’s Title IX policies, Lucas remarked that her agency’s guidance has broader implications, impacting nearly all private workplaces.

“They acted without proper authority,” she asserted, mentioning the federal court’s decision to reject parts of the May guidance regarding sexual orientation and gender identity.

“We’ve marked the void parts on our website, but we can’t fully remove or modify them until a quorum and majority vote occur,” she explained.

Lucas also mentioned the EEOC’s involvement in multiple lawsuits about gender identity.

“We are committed to defending women’s rights in the workplace,” he emphasized. “I hope anyone causing harm speaks out; their concerns will be taken seriously.”

Safeguarding American workers

Lucas expressed her intention to leverage Title VII of the Civil Rights Act to challenge the presence of illegal immigrants in the workforce.

Title VII prohibits unjust employment discrimination, stating that if an individual has foreign roots, they cannot be discriminated against.

“Yet, this principle flows both ways,” she noted. “If a company favors illegal foreign or migrant workers over American ones, it raises issues of bias, harming American employees.”

“This aligns with the president’s immigration policy,” she added. “It’s also essential to uphold the rights of American workers; in their own country, they deserve equal standing.”