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.
"Of particular concern, your February email was ultimately circulated to multiple press outlets, potentially resulting in significant reputational harm to the agency," according to the notice, which included a PDF of a March 10 article by The Associated Press on Ortiz along with other materials.
An EEOC spokesperson said on Monday that the agency had no comment on Ortiz's termination proceedings.
Ortiz 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.
"This proposed 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," the notice reads. A final decision will be issued after the reply period has passed.
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.
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.
"I've been quite the thorn in the agency's side," she said Monday in a phone interview with The AP. "But, you know, it's warranted."
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