Nominee for EEOC commissioner still pending

Kalpana Kotagal, the nominee to be the third Democratic commissioner on the Equal Employment Opportunity Commission (EEOC), is being opposed by conservatives, who seem to be targeting nominees they consider to be “left-leaning.”

If confirmed, Kotagal will be the deciding vote that allows the EEOC to move forward on controversial policy proposals such as a new pay data collection and more aggressive litigation. Her nomination was not approved by the Senate Health, Education, Labor and Pensions (HELP) Committee, which tied 11-11, so Senate Majority Leader Chuck Schumer will be required to hold two votes on the Senate floor to approve her nomination. Currently, her nomination is not scheduled for a vote.

Vice Chair Samuels opens 2nd day of NILG

EEOC Vice Chair Jocelyn Samuels opened the second day of the 2022 National Industry Liaison Group (NILG) Conference. Her keynote speech highlighted the EEOC’s most recent update to its COVID-19 guidance. The latest guidance provides a “more nuanced” view on COVID-19 employee testing, now requiring employers to show testing is job-related and consistent with business necessity.