Gustafson was confirmed as General Counsel of the EEOC by the United States Senate on August 1, 2019.[3][11] Several advocacy organizations including the Human Rights Campaign and the Leadership Conference on Civil and Human Rights opposed her nomination citing that she would be "unwilling or reluctant to preserve the EEOC’s critical mission of defending LGBT people."[12] During a confirmation hearing before the Senate Health, Education, Labor, and Pensions Committee, she refused to answer whether she believes that discriminating against LGBT workers is a form of unlawful sex bias per the 1964 Civil Rights Act.[13]
Her tenure was characterized by prioritizing fighting religious discrimination in the workplace.[14]
On March 5, President Joe Biden fired Gustafson from her EEOC post.[15] Her Senate-confirmed term had originally been set to run through 2023.[16] The White House had requested her resignation on March 2, and terminated her formally upon her refusal to do so.[16]
Her termination was opposed by the Faith and Freedom Coalition, a conservative political advocacy organization that opposes abortion and same-sex marriage.[17] Conservative writer Rod Dreher called the move a "blow to religious liberty."[18] Biden's decision was praised by liberal observers.
Republican Congresswoman Virginia Foxx alleged that Gustafson's firing constituted "partisan warfare." Trump-appointed EEOC Commissioner Andrea Lucas added that the move threatened the "independence" of the agency. Conversely, Gustafson's predecessor David Lopez countered that in fact it was Gustafson who was violating established norms by not resigning, and that presidents have latitude to choose people for senior roles at the commission.[19]
