The Society for Human Resource Management (SHRM) says two Supreme Court rulings issued the same day could bring more frequent leadership changes at federal agencies that oversee workplace law.
Emily M. Dickens, SHRM’s chief administrative officer, issued a statement June 29 responding to the court’s decisions in Trump v. Slaughter and Trump v. Cook.
“Today the Supreme Court issued two significant and, on their face, seemingly in tension decisions that together will shape the future of federal agency independence and workplace regulatory oversight,” Dickens said.
In Trump v. Slaughter, the court ruled 6-3 that the president has broad authority to remove members of independent federal agencies such as the Federal Trade Commission (FTC). In Trump v. Cook, a differently composed 5-4 majority let Federal Reserve Governor Lisa Cook keep her position while her legal challenge proceeds.
Dickens said the two rulings do not point in the same direction. She said the court drew a distinction between agencies that carry out executive functions, where removal power is now wider, and the Federal Reserve, which the court treated as constitutionally distinct and economically essential to keep independent from political pressure.
SHRM’s concerns for employers
SHRM said the Slaughter ruling raises the likelihood of more frequent shifts in leadership and enforcement priorities at agencies including the Equal Employment Opportunity Commission (EEOC) and the National Labor Relations Board (NLRB). Federal employment statutes themselves are unchanged by the ruling.
“Employers, workers, and HR professionals rely on clarity, consistency, and predictability in the regulatory environment,” Dickens said. “Organizations make long-term workforce, compliance, and investment decisions based on a stable understanding of how workplace laws are enforced.”
Dickens said the Cook decision shows Congress can still build independence protections into certain institutions, and that courts will scrutinize whether removal actions meet statutory and constitutional requirements, including due process.
SHRM, which says it represents nearly 340,000 HR professionals, said it plans to provide resources to help members and employers manage the changes.
