Senate Confirms EEOC General Counsel

Constangy, Brooks, Smith & Prophete, LLP
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Constangy, Brooks, Smith & Prophete, LLP The position has been vacant since late 2016.

Yesterday the U.S. Senate confirmed Sharon Fast Gustafson as General Counsel for the Equal Employment Opportunity Commission. The General Counsel position has been vacant since David Lopez resigned in December 2016.

Ms. Gustafson is a solo practitioner from Arlington, Virginia, who represents both employers and employees. She is best known for representing the plaintiff in Young v. United Parcel Service, the case in which the U.S. Supreme Court ruled that employers had the obligation to make reasonable accommodations for pregnancy and related conditions in some situations.

Although Ms. Gustafson has said that she will support the EEOC's position, she has not said whether she believes LGBT discrimination violates Title VII or whether she would continue the more aggressive enforcement position taken on this issue by the EEOC under President Obama.

The Senate also confirmed Democrat Charlotte Burrows, an Obama appointee, for another term on the Commission. There are still two vacant slots on the Commission, but progress is being made.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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