Employers, get ready for a "bumpy night"

Plans for the "new" EEOC.

As I have posted many times, the Equal Employment Opportunity Commission still has a 3-2 Republican majority, but that will end in July, when former Chair Janet Dhillon's term expires.

(If a successor to Commissioner Dhillon is not confirmed before July 1, Ms. Dhillon can remain on the Commission for up to 60 more days.)

I guess it wasn't just me. I always had a feeling that President Biden was unlikely to nominate another Republican to the Commission, and now we know that for sure.

Bloomberg Law reported this morning that the President's pick to succeed Commissioner Dhillon is Kalpana Kotagal, a Washington, D.C., plaintiff's side civil rights attorney.

According to her law firm bio, Ms. Kotagal is co-author of the Inclusion Rider. Inclusionrider.org is, perhaps not surprisingly, somewhat vague about exactly what an "inclusion rider" is. Wikipedia is more direct. According to Wikipedia, an inclusion rider is

a provision in an actor's or filmmaker's contract that provides for a certain level of diversity in casting and production staff. For example, the rider might require a certain proportion of actors or staff to be women, people of color, LGBT people or people with disabilities. Prominent actors or filmmakers may use their negotiating power to insist on such provisions."

According to the FAQs on inclusionrider.org, the rider does not impose quotas or lead to reverse discrimination.

In addition, Ms. Kotagal has been involved in a number of class action lawsuits brought against employers for sex discrimination and equal pay, one wage-hour collective action, and a lawsuit seeking to require a health insurance company to pay for transgender surgery.

Bloomberg reports that the Democratic-majority EEOC's agenda will include requiring employers to report pay data, and issuing guidance on sexual harassment, LGBT discrimination, and employer wellness programs. In addition, the EEOC is expected to continue to focus on systemic discrimination, pay equity, and "the civil rights impact of the COVID-19 pandemic," according to a statement by EEOC Chair Charlotte Burrows.

Which brings me to Bette Davis:

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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