US President Donald Trump named Andrew Rogers, chief counsel to US EEOC acting chair Andrea Lucas, as the agency’s acting general counsel on 4 February 2025.
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US President Donald Trump designated Andrew Rogers as acting general counsel of the US Equal Employment Opportunity Commission (EEOC) on 4 February 2025. Rogers’ designation comes days after Trump fired three Democratic EEOC employees, including former general counsel Karla Gilbride.
Trump terminated Gilbride on 28 January 2025. Under the Federal Vacancies Reform Act 1998, deputy general counsel Chris Lage served as acting general counsel in Gilbride’s absence. Lage is presumed to have been removed to make room for Rogers, though no official statement has been made.
Rogers joined the EEOC as chief counsel to commissioner Lucas in 2020, and he served in that role until Trump named him acting general counsel. Lucas described Rogers as “a brilliant lawyer, a strategic thinker, and a trusted advisor” in Wednesday’s press release.
Trump removed Democratic commissioners Jocelyn Samuels and Charlotte Burrows on 28 January 2025. Their unprecedented terminations left the EEOC with just two commissioners, acting chair Lucas and Democrat Kalpana Kotagal.
The agency is thus one member short of a quorum, meaning it cannot issue any new decisions until a third commissioner is appointed. However, the acting chair and acting general counsel are still able to exercise some authority. Lucas has already taken multiple steps to implement Trump’s Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government executive order. On 27 January 2025, the EEOC removed its gender identity guidelines from the agency’s website, along with other technical assistance documents. Rogers’ status as Lucas’ senior advisor at the time of these actions suggests his alignment with her priorities.
As acting general counsel, Rogers will manage and coordinate EEOC litigation. Rogers can file routine cases while the agency lacks a quorum, though he cannot file cases in which the commission has taken a position contrary to precedent, or in which he will be taking such position.
Rogers will also advise Lucas and the other commissioners on agency policies and oversee the attorneys who conduct litigation in the EEOC’s regional offices. Under the Vacancies Act, Rogers’ ability to serve in these acting capacities is generally limited to 300 days.
Trump has not indicated when or with whom he will fill the current EEOC vacancies. His nominees will require Senate confirmation, a process that could further delay the agency from reaching a quorum.