In a closely contested vote along party lines, the U.S. Senate confirmed civil rights lawyer Kolpana Kotagal to the Equal Employment Opportunity Commission (EEOC). This confirmation not only fills a vacancy but also grants Democrats a majority on the five-member panel, empowering them to enforce pro-worker policies supported by the Biden administration. The decision holds significant implications for various areas, including LGBTQ rights and religious freedom.
The EEOC, which investigates workplace discrimination complaints, has been deadlocked with two Democratic appointees and two Republican appointees prior to Kotagal’s confirmation. With this vote, Democrats gain the leverage needed to pursue policy changes regarding LGBTQ rights, religious freedom, and other pertinent matters. Furthermore, the EEOC is expected to propose a rule that broadens the scope of companies’ liability for discrimination claims, encompassing contract and franchise workers in addition to employees.
Kotagal, a partner at the prestigious plaintiffs’ law firm Cohen Milstein Sellers & Toll, brings a wealth of experience in civil rights law to the EEOC. Her nomination has drawn criticism from Republicans and conservative groups due to her opposition to mandatory arbitration of employment disputes and her stance on LGBTQ rights and policing, among other issues. Republican Senator Ted Cruz expressed concerns about Kotagal’s record, particularly her support for what he referred to as “radical transgender ideology.” However, progressive advocacy groups have lauded her confirmation, highlighting her deep expertise in anti-discrimination law.
Kotagal’s confirmation signifies a pivotal moment for the EEOC and the Biden administration’s efforts to address sex harassment, LGBTQI discrimination, pay equity, pregnancy accommodations, and more. Throughout her career, she has made significant contributions to the fight against discrimination, playing a crucial role in developing the “inclusion rider” concept in Hollywood contracts, advocating for diverse casts and crews. Additionally, Kotagal has provided guidance to companies on establishing diversity and inclusion policies and has represented workers in prominent sex bias class-actions against notable entities such as Walmart Inc, AT&T Mobility, and Sterling Jewelers.
With Kolpana Kotagal’s confirmation, the EEOC is poised to take substantial strides toward fostering a fair and inclusive work environment, upholding the principles of equality and justice.
