EEOC-Initiated Litigation - 2024 Edition

©2024 Seyfarth Shaw LLP EEOC-INITIATED LITIGATION: 2043 EDITION | 5 Andrea R Lucas (Commissioner, Republican) Andrea R. Lucas also joined the EEOC in 2020. Her term expires in July 2025. Prior to her appointment to the EEOC, she practiced management-side employment law at a large Washington, D.C. law firm. Recently, Commissioner Lucas has garnered media coverage for her cautionary advice to employers regarding their diversity, equity, and inclusion (DEI) programs. She is also known for emphasizing issues relating to religious discrimination, accommodation, and inclusion; accommodations for pregnancy, childbirth, and related medical conditions; and disability accommodation. Commissioner Lucas’ voting patterns demonstrate that among Republican Commissioners, she is a potential “swing” vote; in FY 2023, we know of 28 votes in which she voted to approve a matter with one of her fellow Republican Commissioners voting to disapprove. Of these swing votes in FY 2023, 15 were district court litigation authorization votes and eight were votes approving amicus participation. Karla Gilbride (General Counsel, Democrat) Karla Gilbride was nominated by President Biden as General Counsel of the EEOC, and was confirmed by the Senate on October 17, 2023 to a four-year term. Prior to Gilbride’s confirmation, the EEOC had been without a Senate-confirmed General Counsel since President Biden’s firing in March 2021 of General Counsel Sharon Gustafson, who had been nominated by President Trump. Gilbride previously litigated cases on behalf of workers and consumers. In May of 2022, she argued before the Supreme Court and obtained a 9-0 victory in a case involving the impact of delay on the enforcement of arbitration clauses, Morgan v. Sundance, Inc., 596 US _, 142 S.Ct. 1708 (2022).

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