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Legal Update Article

EEOC General Counsel Nominee Crow Expected to Bring Employer-Focused Perspective to Commission

Takeaways

  • President Trump nominated Texas employment defense attorney M. Carter Crow on November 19, 2025, to serve as the EEOC’s general counsel.
  • The EEOC general counsel is responsible for directing and coordinating enforcement litigation and setting litigation priorities for the Commission.
  • Crow, the former president of the Houston Bar Association and global head of employment litigation at Norton Rose Fulbright, would likely bring an employer-focused perspective to the Commission.

Article

On November 19, 2025, President Donald Trump nominated M. Carter Crow to be the general counsel of the U.S. Equal Employment Opportunity Commission. Under Crow’s leadership, employers can expect the EEOC to continue the course set by the Trump administration and Chair Lucas.

The general counsel oversees all strategic and procedural aspects of the agency’s enforcement litigation. This includes directing and coordinating litigation before and after it is filed in court, supervising the Office of the General Counsel (OGC), gaining approval from the Commissioners for systemic discrimination and other suits to be pursued, and setting litigation priorities. 

Background 

Shortly after taking office, President Trump fired two Democratic commissioners along with then-EEOC general counsel Karla Gilbride, leaving the position vacant and the EEOC without a quorum. The EEOC has recently regained a quorum with the confirmation of Brittany Bull Panuccio, allowing the EEOC to pursue the priorities of the Trump administration and EEOC Chair Andrea Lucas more fully. 

Crow’s Qualifications 

After earning an undergraduate degree in accounting from Oklahoma State University, Crow obtained his law degree from University of Oklahoma College of Law in 1991. He spent his career at Norton Rose Fulbright, focusing his practice on wage and hour litigation, contracts and restrictive covenants. In 2022, the firm appointed him as the global head of the firm’s labor and employment practice. He also served as president of the Houston Bar Association. 

What Employers Can Expect

The EEOC’s scrutiny of diversity, equity and inclusion (DEI) programs will continue, but Crow’s background indicates the EEOC’s Office of the General Counsel will be helmed by an experienced litigator who is likely familiar with employers’ perspectives on many employment law issues.

Al will be another area to watch at the EEOC. Crow has written on the risks employers face when using artificial intelligence (AI) for employment decisions. In a recent symposium article, Crow suggested five best practices for employers to mitigate risk, including transparency, accommodations, policies and training, audits and remedial steps, and vendor assessment. [See Crow, M. Carter & Jesika Silva Blanco, “Artificial Intelligence: Is AI the New Decision Maker in the Workplace?,” The Advocate (Winter 2024)]. 

With full staffing of presidential appointees for the Commission and in the Office of General Counsel, the EEOC may be better poised to bring litigation focused on administration enforcement priorities. It is unclear if Crow’s deep experience in defending companies in employment law matters will affect the EEOC’s litigation posture with employers. 

Next Steps

The White House has submitted its formal nomination of Crow to the U.S. Senate. The Senate Committee on Health, Education, Labor, and Pensions (HELP) will conduct confirmation hearings then vote on whether to send the nomination to the full Senate for a confirmation vote. 

As of this writing, the HELP committee has not announced a hearing date or formal opposition to Crowe’s nomination. We will continue to monitor developments. 

Contact | Information

For any questions as to how this interim period between nomination and confirmation may impact existing EEOC litigation, please contact your Jackson Lewis attorney.

© Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome. 

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