(AP NEWS) The federal agency tasked with protecting workers’ civil rights has moved to terminate a New York administrative judge who has resisted compliance with directives from the White House, including President Donald Trump’s executive order decreeing male and female as two “immutable” sexes.
The U.S. Equal Employment Opportunity Commission in response to Trump’s order has moved to drop at least seven of its own pending cases representing transgender workers alleging discrimination, and is classifying all new gender identity-related discrimination cases as its lowest priority, signaling a major departure from its prior interpretation of civil rights law.
EEOC Administrative Judge Karen Ortiz, who in February criticized the agency’s Trump-appointed head, Acting Chair Andrea Lucas, in an email copied to more than 1,000 colleagues, on Wednesday was placed on administrative leave. She also received notice that the EEOC leadership sought to fire her, accusing her of “profoundly unprofessional” conduct.
An EEOC spokesperson said on Monday that the agency had no comment on Ortiz’s termination proceedings. But in its notice to Ortiz, the agency said its action “does not pertain to the content of your disagreement with the Agency policy, but rather the disrespectful and disparaging manner in which you have conveyed your message.”
In her February mass-email criticizing the agency’s efforts to comply with Trump’s order, Ortiz wrote to Lucas that “You are not fit to be our chair much less hold a license to practice law,” adding: “I will not compromise my ethics and my duty to uphold the law.” The letter was leaked on Reddit, where it gained more than 10,000 “upvotes.” Many users cheered its author.
The EEOC subsequently revoked her email privileges for about a week and issued her a written reprimand for “discourteous conduct.”
Ortiz’s actions were cited in an April 18 White House proposal aimed to make it easier to fire some federal workers. It listed Ortiz as an example of bureaucrats who “use the protections the system gives them to oppose presidential policies and impose their own preferences.”
Ortiz said she was unfazed after being called out by the nation’s highest office. Trump “just gave me an even bigger platform,” she said in an April 19 message to The AP.
The EEOC has undergone tumultuous change since Trump took office. He fired two of the three Democratic commissioners of the federal agency in an unprecedented move that swept away what would have been a key barrier to his campaign to dismantle diversity and inclusion programs, end protections for transgender and nonbinary workers and other priorities. One of the dismissed commissioners, Jocelyn Samuels, filed a lawsuit challenging her termination, arguing her removal was a violation of the Civil Rights Act that created the agency to be an independent and bipartisan protector of the rights of workers. The move also left the agency without the quorum needed to make key decisions. But last week, Trump tapped an assistant U.S. attorney in Florida, Brittany Panuccio, to fill one of the vacancies. If Panuccio is confirmed by the Senate, the EEOC would regain a quorum and establish a Republican majority 2-1, clearing the path to make major policy changes, including revising agency guidance on how to implement existing civil rights laws.
Since February, Ortiz said she has continued to “raise the alarm” and convey her opposition to the agency’s actions, including in an April 24 email to Lucas and several other internal email groups with the subject line, “If You’re Seeking Power, Here’s Power” and a link to Tears for Fears’ 1985 hit “Everybody Wants to Rule the World.”
“Take in the lyrics,” Ortiz wrote to Lucas. “Ponder what you’re allowing yourself to be a part of.”
Her ability to send emails was again promptly revoked.
Ortiz said she plans to fight the termination, and is strategizing with her attorneys and union on how best to respond. She may reply to the dismissal notice within 15 days, and has the right to request a time extension, an attorney, a union representative, or another representative of her choosing, according to the document, which was acquired by The AP. A final decision will be issued after the reply period has passed.
“I’ve been quite the thorn in the agency’s side,” Ortiz said Monday in a phone interview with The AP. “But, you know, it’s warranted.”
