Andrea R. Lucas
@andrealucasEEOC
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Commissioner, @USEEOC . Views are my own & should not be attributed to the EEOC or any other Commissioner.
Washington, DC
Joined October 2020
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For further information about the relevant legal standards, and corresponding potential risks, applying to corporate diversity programs, check out my recent article for
@Reuters
here:
#eeo
#humanresources
#hr
#affirmativeaction
#dei
#diversity
#law
3/3
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@mcuban
In case you need a primer on the law:
For further information about the relevant legal standards, and corresponding potential risks, applying to corporate diversity programs, check out my recent article for
@Reuters
here:
#eeo
#humanresources
#hr
#affirmativeaction
#dei
#diversity
#law
3/3
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Can race/sex "be part of the equation" for an employment decision, as long as it isn't the "but-for" factor? Generally, no. Title VII uses "motivating factor" liability. This isn’t an opinion; reasonable minds can't disagree on this point. It’s the plain text of Title VII.
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I spoke with
@FoxBusiness
yesterday about some basic misunderstandings about federal civil rights law applying to employment and DEI.
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It was a pleasure speaking with
@FoxNews
Digital for a feature interview about
#DEI
. As I state in the video and article linked below, I’m deeply concerned that when people focus on equity-focused solutions they are not actually fixing existing discrimination, … 1/3
Federal commissioner fires back at Mark Cuban for diversity claim, delivers warning about DEI: 'More problems'
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I stand with Israel.
In the coming days, if you experience antisemitism at work, either in the wake of the Hamas terror attacks or in general, please know that the
@USEEOC
stands ready to defend the rights of Jewish employees.
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There's a lot of confusion out there about DEI, but at least on this point, there shouldn't be. The law is clear. To muddy the water on "motivating factor" liability would do the public a disservice.
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And likewise, that's the official
@USEEOC
position on this issue: the agency’s official race and color discrimination guidance states that "Title VII is violated if race was all or part of the motivation for an employment decision." , Section 15-V.A.1.
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and they may be trying to fix existing discrimination by introducing more discrimination. But a cycle of discrimination is never going to fix anything. Two wrongs will never make a right. If people are concerned about barriers for particular groups in our society, … 2/3
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42 USC § 2000e–2(m) states: “an unlawful employment practice is established when the complaining party demonstrates that race, color, religion, sex, or national origin was a motivating factor for any employment practice, even though other factors also motivated the practice.”
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equal opportunity is the way to go forward. And there are many ways to address and eliminate barriers that people may face, in hiring, promotion, firing that are entirely race neutral and actually get at the problem. 3/3
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@wrong_speak
@FoxNews
@nypost
Great point in your article: “But proclaiming you want diverse perspectives based on identity markers is a ruse to sanction breaking the law because there are no two individuals who have the same perspective on everything, no matter what they look like.”
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It was a pleasure to appear live on
@foxandfriends
this weekend to discuss
#DEI
and federal civil rights law.
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It was a pleasure to appear on the
#FoxNewsRundown
show for
@foxnewsradio
this morning, discussing
#DEI
. My appearance runs from the 15 minute mark to the 27 minute mark in the podcast here:
When is DEI not okay? The
@USEEOC
weighs in. On the
#FOXNewsRundown
,
@andrealucasEEOC
explains why
@mcuban
's comments regarding his hiring practices are dead wrong. Listen at
@AmazonMusic
@PlayMorePods
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It was a pleasure to do this event with my
@USEEOC
colleague Vice Chair
@JSamuelsEEOC
, discussing
#DEI
at work following the Supreme Court university affirmative action cases; it's unquestionably one of the hottest topics facing employers right now. Check out the video below.
Two EEOC Commissioners, Jocelyn Samuels and Andrea Lucas, joined us to discuss their views on the SCOTUS decision in SFFA v. Harvard and the how EEOC regulations apply to employers’ DEI programs and initiatives.
Watch:
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I find the action taken today by the White House against our independent agency to be deeply troubling, a break from long-established norms respected by presidents of both parties, an injection of partisanship where it had been absent, and...
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...telling evidence of what “unity” actually means to this President and his Administration. In his inaugural address, the President said, “The right to dissent peaceably, within the guardrails of our Republic, is perhaps our nation’s greatest strength.”
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"[Lucas] said she sees “significant legal and practical risk” in many corporate diversity programs. “Equal opportunity is our charge,” she said of the [
@USEEOC
]’s mission, “but the law does not demand equal outcomes.”” 2/3
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I appreciated the opportunity to appear on the
@WillCainShow_
today to continue to educate the public about civil rights laws and
#DEI
.
The
@WillCainShow
is live!
@USEEOC
commissioner
@andrealucasEEOC
on companies violating the Civil Rights Act w/ DEI.
@RCamposDuffy
joins to discuss whether Biden will be on the ballot in November.
Full podcast:
Watch live:
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In May, I was proud to spearhead what became an unanimous resolution by EEOC against antisemitism. But
@AJCGlobal
's latest, deeply troubling
#AntisemitismReport
makes clear that there is so much more work to be done--by
@USEEOC
, the rest of the federal govt, and all of us-- 1/4
🔴 BREAKING: We’ve released our 2021
#AntisemitismReport
, based on the largest-ever surveys of American Jews and the U.S. general public on antisemitism in America, confirming that Jew-hatred remains a severe problem in the U.S. that requires urgent action.
👇 Full results:
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It was a pleasure speaking with
@laurenweberWSJ
@WSJ
about corporate
#diversity
programs. “Andrea Lucas, who was nominated to the commission by President Trump, declined to comment on the likelihood that she or other commissioners would open investigations...." 1/3
Emboldened by their success toppling affirmative action in higher education, conservative activists are going after diversity programs in the private sector
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In the words of the Roman historian, Tacitus, “they have created a wasteland and call it peace.”
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An apt warning from
@SenTomCotton
—no matter a company’s motives or interests in promoting “diversity,” there is no “good” race discrimination. For more information, check out my recent article, quoted in Senator Cotton’s letter:
DEI programs that promote discrimination in the name of diversity should have no place in American businesses.
I sent a letter to 51 law firms warning their clients’ programs may violate federal civil rights laws.
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That, however, does not seem to apply to Sharon Gustafson. And if such a principle does not apply to the Equal Employment Opportunity Commission—the very agency charged with preventing and remedying discrimination and retaliation—where else does it apply?
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Instead, it appears that this Administration intends to achieve unity through uniformity by removing all dissenting actors, thought, and content from the federal government, the public square, and the marketplace.
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Yesterday I spoke at
#IAOHRA2023
about Title VII & protection of religious belief at work. It was a pleasure to share my perspectives on religious liberty, insights on accommodation following Groff v. DeJoy, & an overview of
@USEEOC
's recent guidance, litigation, & charge data.
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BREAKING: Federal court blocks
@USEEOC
from enforcing
@EEOCChair
’s post-Bostock unilateral policy document re workplace policies re bathrooms/lockers/showers, pronouns, & dress codes; statement of Commissioner Andrea R. Lucas below.
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In the days leading up to the President’s decision to fire Ms. Gustafson, a report and related materials dealing with religious discrimination were removed from the EEOC’s website shortly after inauguration.
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Sadly, today, this Administration proves my points. The actions taken by this Administration are quite telling as to their priorities . . . and one can safely assume that combating religious discrimination—or retaliation, frankly, given Ms. Gustafson’s firing—is not one of them.
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I argued in my letter that calls for unity “cannot come at the expense of diversity” and that we “must find a way to be unified despite strongly held disagreements, not unified through uniformity.”
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I also warned that I was “deeply concerned that today, religious liberty has become a disfavored or second-class right in many areas of our society and culture.”
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Sharon Gustafson led the work group that produced that report; both she and I wrote letters that appear at the start of that report.
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Thanks to
@StriveFunds
for the great discussion re
#DEI
and the civil rights “rules of the road”
Not usually one to get in Twitter fights, EEOC Commissioner
@andrealucasEEOC
shares the details behind her viral back-and-forth with Mark Cuban.
Watch the full conversation with Strive Head of Corporate Governance
@justindanhof
, where they discuss how DEI has spread across
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Powerful words from
@bariweiss
- "Today is Martin Luther King Day and I’m thinking of his understanding that the demand for equal treatment comes at no one’s expense because justice is not a zero-sum game."
Jews thrived in an America that had confidence in its goodness. Jews are not safe—no one is—in one which does not.
I wrote about the hostage-taking in Texas and the darkening reality for Jews in the New Jerusalem.
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Next week, 8/24 @ 1 pm, I'll continue my discussion of the SCOTUS affirmative action cases and the impact on employer DEI, in a webinar hosted by
@cozen_oconnor
, moderated by
@MSchmidtEmpLaw
. I'll be joined by Debra Steiner Friedman and Alan Pittler.
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Thanks again to
@WestlawToday
and
@ReutersLegal
for publishing my article on race-conscious corporate
#diversity
programs and the impact from the
#SCOTUS
#AffirmativeAction
ruling.
Companies should take a hard look at their
#diversity
programs in the wake of the
#SCOTUS
#AffirmativeAction
ruling, according to EEOC Commissioner Andrea R. Lucas. )
#DEI
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I'm honored & excited to be speaking this Friday on a panel titled "Religious Liberty, Government Regulation, and the Public Square" at a
#religiousliberty
& law conference hosted by
@AdLawCenter
&
@EPPCdc
. Details to register are below.
THIS FRIDAY:
There is still time to register for our Religious Liberty & Law conference w/
@EPPCdc
at The Mayflower Hotel.
There will also be a livestream of the event. The link to it will be provided shortly.
Register now:
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Really looking forward to speaking on March 29 alongside my colleague
@USEEOC
Vice Chair
@JSamuelsEEOC
at
@SHRM
's Workplace Policy Conference, and hearing stakeholders' input on the Commission’s priorities and plans for the future.
#SHRMWPC
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I’m grateful to have had the opportunity today to speak to—and, more importantly, hear from—
@SHRM
members at
#SHRMELCC
and
#SHRMWPC
about how the
@USEEOC
can better help advance equal opportunities in the workplace. Thank you!
What is the future of equitable
#workplaces
?
#SHRMELCC
and
#SHRMWPC
attendees hear from
@USEEOC
Vice Chair Jocelyn Samuels and Commissioner Andrea R. Lucas speak on key
#workplace
policy guidance for employers and how to advance equal opportunities in the workplace.
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Thirty-one years ago, President George H.W. Bush signed the Americans with Disabilities Act into law. Then, as now, eradicating disability discrimination is a bipartisan issue.
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Thank you to
@MSchmidtEmpLaw
for having me on his "Employment Law Now" podcast last week to talk about
#DEI
and
#EEO
following the Supreme Court's affirmative action decision.
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Thank you
@SHRM
for highlighting the work Commissioner
@KSonderlingEEOC
and I are doing to help educate employees and employers about how to combat antisemitism in the workplace:
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It was a pleasure to participate in a great panel discussion on
#religiousliberty
at work at the
@abalel
#EEO
conference in Memphis this weekend, and so wonderful to be able to meet in person with our excellent
@EEOC_Memphis
leadership team after my presentation.
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Today is International Holocaust Remembrance Day. In order to fulfill the promise that “Never Again” will such unspeakable horrors occur, we all must work to combat antisemitism. I am proud to help raise awareness and defend the rights of employees at work during my time
@USEEOC
.
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@USEEOC
today issued a proposed rulemaking to implement the Pregnant Workers Fairness Act. As an advocate for the passage of the Act itself, I am proud to have collaborated with my fellow Commissioners to propose a bipartisan rule to help implement this important law. 1/4
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I'm excited to share my article on the Supreme Court's affirmative action ruling, the state of the law on corporate diversity programs, and how potential Supreme Court cases next term may impact these programs.
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#Construction
#EEOCHearing
: My grandfather was very lucky to attend Cleveland's West Technical High School, a school dedicated to preparing students for a career in the trades & skilled labor. It was the skills learned during high school, without any need for college,...
"One of the major problems facing
#construction
is that the pipeline through the school system has really dried up." Ken Simonson
@AGCofA
speaking at
#EEOCHearing
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Happy International Women’s Day! Proud to serve at the EEOC alongside women from both sides of the aisle – diversity of thought makes us stronger
@BurrowsCA
@JSamuelsEEOC
#CommissionerDhillon
#unitednotuniform
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Join
@KSonderlingEEOC
and myself for an important conversation on combatting antisemitism in the workplace with the
@brandeiscenter
Join us for Combatting Anti-Semitism in the Workplace with EEOC Commissioners
@andrealucasEEOC
and KSonderlingEEOC on Monday @ 12pm (EST)
Webinar registration -
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Thanks again to
@FoxNews
'
@AmericaRpts
for having me on the show today. You can view my segment below.
WATCH:
@andrealucasEEOC
reacts to this morning's Supreme Court decision on affirmative action with
@SandraSmithFox
and what it may mean for employer hiring decisions and more.
#AmericaReports
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My colleagues
@KSonderlingEEOC
&
@BurrowsCA
recently held our first listening session for
@USEEOC
's Initiative on
#AI
and Algorithmic Fairness, with the first session focusing on
#disabilityrights
--video link below. Kudos to Commissioner Sonderling for his tireless efforts...
Watch
@KSonderlingEEOC
,
@BurrowsCA
and stakeholders discuss pros/cons of AI and algorithmic technology in employment during a disability-focused listening session.
#AI
#ADA
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So proud of my colleagues EEOC Chief Information Officer Bryan Burnett and EEOC Acting Director, Field Management Programs Rosa Viramontes being awarded the Presidential Rank Award. Thank you for your service to our agency and country!
Congratulations to my wonderful colleagues, Bryan Burnett and Rosa Viramontes! You both have shown an unwavering commitment to the EEOC's mission throughout your careers. This recognition is well deserved.
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Last week, I was pleased to have the opportunity to speak with
@VinGLaw360
at
@Law360
about my work and priorities during my time at
@USEEOC
. You can find the wide-ranging interview here:
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Join me on February 24, in person or online, for a challenging, but important, conversation about Blind Spots and Legal Pitfalls in the Drive for Diversity and Equity in Corporate America. I'm looking forward to the discussion.
Blind Spots and Legal Pitfalls in the Drive for
Diversity and Equity in Corporate America - hosted by
@andrealucasEEOC
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Again, it's really important for employers to understand the ground rules here. It doesn't help anyone to mischaracterize a highly limited exception as the default rule.
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Thank you to all of the witnesses who participated in today’s
@USEEOC
hearing on the workplace implications of COVID-19. I appreciated the thoughtful discussion and look forward to working with my colleagues to address these critical issues.
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Today is Holocaust Remembrance Day. Ensuring Never Again takes all of us combating antisemitism in our spheres of influence--the workplace, online, in public. Proud to help raise awareness and defend employees' rights against antisemitism at work during my time
@USEEOC
.
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I hope we will see more compliance and enforcement actions by
@USEEOC
in the future directed at combatting antisemitism in the workplace. 4/4
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I'm looking forward to moderating this webinar on Religious Accommodations in the Corporate Workplace, this Monday 12/5 at noon, featuring
@EtzionNeuer
at
@ADL
, SCOTUS practitioner Nathan Lewin, & Arthur Traldi at
@brandeiscenter
.
Registration open for our webinar Mon, 12/5: 'Religious Accommodations in the Corporate Workplace.' Register at . Read more background at .
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Grateful for MLK's vision of unity today--"[w]hen we allow freedom ring...we will be able to speed up that day when all of God's children, black men and white men, Jews and Gentiles, Protestants and Catholics, will be able to join hands and sing...Free at last! Free at last!"
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Agencies are not all-powerful. Rules & limits matter. The consequences for the
@USEEOC
's substantive & administrative overreach keep coming--this week a federal judge declared EEOC post-Bostock directives unlawful. My full statement is below.
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With respect to the Task Force's prior template, "If adopted by federal agencies and copied by private businesses seeking to follow the federal government’s lead, the questionnaire for exemption-seekers may result in significant litigation by religious employees."
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The default rule under Title VII is the complete opposite: Companies are NOT allowed to recognize race as part of their employment selection criteria (or other employment actions). There is a very narrow exception for voluntary affirmative action plans.
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In issuing this resolution, I join with my fellow Commissioners
@USEEOC
and many others across our country to say "Never Again" in response to antisemitism.
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@SimoneFoxman
@BBGEquality
@blaw
part of this article is highly misleading: "Companies have been allowed to recognize race as part of their employment selection criteria under rules governed by the [EEOC]" - that is NOT the default rule
This is what lawyers and consultants are telling the C-suite to do as they grapple with backlash over diversity & inclusion (DEI) programs via
@bbgequality
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Women are an integral part of our workforce. Our nation thrives when women & their babies thrive. I am hopeful the Commission's rulemaking will help women better understand their options & rights, including accommodations, when navigating pregnancy at work. 3/4
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#ICYMI
: On Friday, the White House's Safer Federal Workforce Task Force substantially overhauled its recommended "template" for federal agencies to use for religious accommodation requests. The new template is here:
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I was delighted to be the inaugural speaker on
@SHRM
's new HR Policy Podcast with
@SHRMEmily
, talking about
@USEEOC
's new HIRE initiative, corporate voluntary diversity initiatives, & more. Check out the episode here: . Thank you for having me on, Emily!
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I look forward to future HIRE discussions. I'll continue the conversation with one idea: employers, take a look at the ways outdated or overly restrictive occupational licensing requirements may be limiting candidate pools, & consider advocating for those reqs to be changed.
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I stand against the unacceptable violence and hate against Jewish people that has spilled into our streets, other public spaces, and public discourse.
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to raise awareness of the rising tide of antisemitism, to push back vigorously against it, and defend the rights of our Jewish coworkers, friends, neighbors, and fellow citizens. 2/4
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It was a pleasure to speak today on
@FoxNews
’
@AmericaRpts
about the impact of the SCOTUS affirmative action cases, including on corporate diversity programs. Thanks for having me.
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1/4 - Thank you to
@edwrdmoreno
and
@shiramstein
at
@BLaw
for spotlighting important
@USEEOC
data about the rise in
#mentalhealth
-related charges. Addressing our nation’s mental health crisis needs to be a priority for us all, including
@USEEOC
.
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And yet, today, many of the promises of the ADA remain at least partially unfulfilled, with the workforce participation rate for people with disabilities remaining abysmally low and disability stigma still a very real problem in our society.
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#Antisemitism
is rising everywhere, including in the
#workplace
--and it is unacceptable. This December, join me in shining a light on antisemitism to stand in solidarity with our Jewish colleagues, friends, neighbors, & fellow citizens.
#ShineALight
#antisemitism
@ShineALight_On
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I wholeheartedly agree with former
@USEEOC
General Counsel Sharon Gustafson that it is critical "for employers to recognize that people who have taken time off of work can come back into the workforce."
“I look for more employers to encourage women in the workplace. This is an overlooked group of talent. Nobody loses intelligence caring for children. It’s important for employers to recognize that people who have taken time off of work can come back into the workforce.”
#SHRMELCC
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Looking forward to presenting on religious discrimination and inclusion, including combating antisemitism in the workplace, at the
@PA_SHRM
L&L conference next month with
@Jonathan_HR_Law
!
Andrea Lucas is a Commissioner on the Equal Employment Opportunity Commission and a speaker at our L&L Conference on 5/6! She'll be sharing on "Preventing Religious Discrimination and Promoting Inclusion".
Register here:
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#goodjobsforall
NOT
#collegeforall
. To learn more, check out
@AmerCompass
's helpful summary of how the current resource allocation for public education is "deeply regressive":
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Excited for the great conversation tomorrow!
Join us for Combating Anti-Semitism in the Workplace TOMORROW! (Jan. 10 @ 12pm ET)
@andrealucasEEOC
@KSonderlingEEOC
#Antisemitism
#CivilRights
#HumanRight
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Happy
#InternationalWomensDay
! As the mother of two little girls, one of whom was born near the start of my term, the past year has been a rollercoaster--but it's an incredible privilege to be working
@USEEOC
to advance equal opportunity for women & girls, today & all days.
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The NPRM is posted here, , and will be officially published for public comment on August 11. I encourage all stakeholders and members of the public to submit comments on the Commission's proposed rule.
4/4
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“No matter the context, intrusive questions presuming insincerity from the start, seeking to ‘catch’ an employee in an inconsistency, and looking for any reason to deny a religious accommodation request, are inappropriate.”
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@USEEOC
plays an important role in promoting the employment of individuals with disabilities by preventing and remedying disability discrimination in the workplace. I’m proud to contribute to that important work as a Commissioner.
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Thank you to
@SHRM
for highlighting the work that my colleague
@USEEOC
Commissioner
@KSonderlingEEOC
& I, along with others, are continuing to do to raise awareness about combatting
#antisemitism
at work.
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Commissioner
@KSonderlingEEOC
and I had a great discussion yesterday with
@brandeiscenter
about
#antisemitism
at work. We're pleased to share the video of the event--see the link below.
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IMPORTANT: Today,
@USEEOC
updated its COVID-19 technical assistance to address questions about religious objections to mandatory employer COVID-19 vaccine requirements.
#JUSTANNOUNCED
New Q&As on religious objections to COVID-19 vaccine mandates have been added to EEOC’s COVID-19 technical assistance document. Read them here:
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E.g., lawyers w/ periods of part-time work or leave (incl. women, caregivers, military spouses, employees w/ disabilities, older workers returning to work) may face heightened barriers to waiving into a new state bar--often effectively shrinking the pool of qualified candidates.
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The terrorism in Texas is a stark reminder of the real threats posed by the rising tide of antisemitism in our country and worldwide. We must challenge antisemitism everywhere we see it--our workplaces, social media, in public--and in every form it arises, whether word or deed.
I’m deeply relieved that the former hostages in Colleyville, TX are now safe. But this attack on Jewish persons as they engaged in worship is a grim reminder that we must all work to combat the bitter legacy of antisemitism.
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Mourning with those whose lives were shattered by yesterday’s racist hate crime targeting a Black community grocery. And standing alongside many to declare, as eloquently put by Senator Scott, that “[t]he threads of racism left in the fabric of our country need to be cut out.”
The horror that took place in Buffalo is heartbreaking and saddening. We must condemn all acts of violence and hate. The threads of racism left in the fabric of our country need to be cut out.
Praying for the victims and their families during this difficult time. 🙏🏽
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@USEEOC
#Construction
#EEOCHearing
@andrealucasEEOC
asks re
#retaliation
, training, data on hours worked. Jazz Allen
@ChiWomenNTrades
describes need to hold accountable those who punish the worker for speaking out, need for more training, tracking credits hrs.
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