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Janet Dhillon to Become Next EEOC Commissioner?


As readers might recall, a few months ago Republican Senator Mike Lee successfully blocked the re-nomination of Commissioner Chai Feldblum to the Equal Employment Opportunity Commission (“EEOC”).  As I noted at the time, this was a somewhat unprecedented move and had many Democrats crying foul.  (The five member EEOC Board is normally comprised of three Commissioners from the party that controls the White House and the other two Commissioners from the minority party.  It had been tradition for each party's nominees to be presented in unison and confirmed with little to no opposition.  That changed when Senator Lee voiced his opposition to Commissioner  Feldblum, one of the nominees of Democrats.).

Nevertheless, Senator Lee was successful in so much that Commissioner Feldblum’s re-nomination faltered and she ended up not being confirmed for another term with the EEOC.  Many expressed concern as that failed re-nomination of Commissioner Feldblum (and others at the EEOC) resulted in the five member EEOC Commission without a quorum.  In fact, as of this writing, there are only two Commissioners at the EEOC:  Republican Victoria Lipnic and Democrat Charlotte Burrows.  Without a quorum, the EEOC is relatively limited in what it can do.  Of note, the EEOC cannot issue new polices, regulations, or guidance...effectively hamstringing the agency until it regains a quorum.

With that being said, a new nominee for Republicans has been making her way through the Senate with some groups, including the National Restaurant Association, the Chamber of Commerce, and the International Franchise Association, urging Senate Majority Leader Mitch McConnell to confirm her.  That nomine, Janet Dhillon, has already cleared the Senate Health, Education, Labor, and Pensions (“HELP”) Committee, a prerequisite to a confirmation vote by the full Senate.  Mrs. Dhillon has an extensive background in the corporate world, including a stint at Burlington Stores, Inc. as general counsel.

It is worth noting that Mrs. Dhillon is not only nominated to fill a vacant seat at the EEOC but also to serve as its Chair.  Should she be confirmed, which Republicans should have the votes to do, the EEOC would regain a quorum after several months of having its hands tied.  It will be interesting to see if any Democrats in the Senate (namely those running for President in 2020) try and stall this nomination to gain attention/assert payback for Senator Lee’s actions a few months ago.


For additional information:  https://www.jdsupra.com/post/contentViewerEmbed.aspx?fid=ee1a4948-d607-4b9f-909d-fdc4d09c7d29

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