Two African American men, dismissed from their positions at the National Transportation Safety Board and the U.S. Surface Transportation Board by President Donald Trump, asserted on Thursday that the administration engaged in discriminatory practices, mirroring a trend of removing Black executives throughout federal agencies.
TL;DR
- Two African American men claim President Trump engaged in discriminatory practices removing them from federal boards.
- Robert Primus and Alvin Brown were the sole Black members on their respective boards when dismissed.
- Legal actions assert the White House lacked legally mandated justification for the terminations.
- The dismissals are seen as a pattern of removing Black executives across federal agencies.
Robert Primus on the STB and Alvin Brown on the NTSB were the sole Black individuals on the boards of their independently operated agencies when their employment was terminated this year, in August and May respectively. Each had previously initiated legal actions contesting their dismissals, asserting that the White House lacked the legally mandated justification. Democracy Forward submitted the new discrimination claims on behalf of both men.
“When you look at who has been removed without cause, and who has been left in place, the pattern is impossible to ignore: Black commissioners across the federal government have been summarily fired,” said Brown, who was Vice Chairman of the NTSB. “My abrupt removal was unlawful, and it was discriminatory.
The White House offered no immediate comment on the latest legal submission, though it has previously stated that Trump acted entirely within his legal authority when dismissing Primus and Brown. While the administration has yet to submit an official reply to Primus’ lawsuit, the Trump administration had previously requested a judge to reject Brown’s legal action. They contended that the legal safeguard stipulating board members may only be removed for specific reasons is invalid, and that the president possesses the authority to select personnel for all executive departments.
Upon Brown's dismissal, commentators stated they couldn't recall any previous terminations from the NTSB, an organization responsible for probing accidents across all transportation sectors to ascertain their origins and suggest measures to avert comparable calamities in the future. The NTSB is presently examining approximately 1,250 incidents, including the collision of a passenger jet and Army helicopter above Washington, D.C., which resulted in 67 fatalities during January.
Primus was pushed off the STB shortly after Union Pacific put forward its $85 billion acquisition of Norfolk Southern railroad, a substantial agreement the five-person panel will review for endorsement within the coming year or two. He was the sole member of the STB to object to Canadian Pacific’s acquisition of Kansas City Southern railroad in 2023 due to worries regarding its effect on market rivalry. Trump has stated his belief that the Union Pacific transaction sounds good.
Legally, a maximum of three out of five board members may belong to the same political party. Primus and Brown are affiliated with The Democratic Party. Trump appointed Primus to his role during his initial presidency, and President Joe Biden subsequently designated him as board chairman. Primus held this leadership position until Trump commenced his second term and appointed Board member Patrick Fuchs as chairman. Attorneys representing Primus highlighted that the STB's other Democratic member was permitted to remain in their post.
At the NTSB, a different Democratic appointee, who is Caucasian, has remained in his position past his term's conclusion at the close of 2023, a common practice until a successor is officially approved. However, Brown was the individual removed, despite his term being slated to run until the conclusion of 2026. Trump put forward a white male candidate to fill his vacancy.
The legal actions contend that these dismissals demonstrate Trump's increasing hostility towards the presence of individuals of color in governmental roles: “This trend fits with President Trump’s consistent messaging criticizing diversity and inclusion and his clear and demonstrable emphasis on hiring white people.”
President Trump has removed numerous individuals from the boards of several agencies intended to operate autonomously, such as the Federal Reserve, Equal Employment Opportunity Commission, and Nuclear Regulatory Commission.
The Senate Commerce Committee plans to move forward with a vote on the nominations for the two individuals who will succeed them, scheduled for the upcoming week.
