OFCCP Week in Review: May 2022 #5 | Direct Employers Association

Wednesday, May 25, 2022: EEOC Commissioner-designate failed to get US Senate confirmation: political drama is about to unfold

Kalpana Kotagal, candidate for the Equal Employment Opportunity Commission, “did not report favorablyduring his hearing before the US Senate Committee on Health, Education, Labor and Pensions. President Biden had hoped Kotagal, a Democrat, would shift the majority to blue by taking the seat of Commissioner Dhillon (Republican) when her term expires on July 1, 2022.

Under an agreement between Republicans and Democrats that operates when there is no majority for either party in the United States Senate (as has been the case since early January 2020 at the following the 2020 presidential and senatorial elections), the Senate Majority Leader is from the party of the president residing in the White House at the time. (That’s why, for example, Senator Chuck Schumer (D-NY) is the Senate Majority Leader of a 100-member U.S. Senate evenly split between the two parties (48 Democrats and 2 Independents (who caucus with Democrats) against 50 Republican senators).

Another part of the agreement requires that Senate committees be made up of equal numbers of Democrats and Republicans, even if they are chaired by a senator from the same party as the Senate Majority Leader. This equal-vote model thus allows for the phenomenon of party-line equal votes that do not have the majority required to pass a presidential candidate out of the Committee (as happened with the nomination of Ms. Kotagal).

Another part of that same Republican/Democrat deal grants the Senate Majority Leader the privilege, if he chooses to use it, to address committees and save stranded presidential candidates, like Ms. Kotagal, for the bring to the Senate for a full Senate vote (thus ending the Senate vote Article II, Section 2, Clause 2 constitutional right of “advice and consent” for certain presidential candidates (like Ms. Kotagal) to serve in the federal government.

So far, Senator Schumer has rescued all of the President’s nominees stranded by Party Line Committee votes and presented them for a full vote in the Senate if he thought the nominee had a chance of passing a vote. complete in the Senate. (Senator Schumer also rescued and brought up from a deadlocked committee vote a few nominees who ultimately failed in the Senate despite the head count before the senator’s vote).

Additionally, so far, Senators Joe Manchin (D-WV) and Kyrsten Sinema (D-AZ) have voted with Democrats on nearly every Senate candidate vote, even breaking regularly with their fellow Democrats on the left-wing democratic politics. problems.

Senator Schumer will now “count heads” in the US Senate to see if he can muster at least the fifty votes needed to force a tie vote, then get Vice President Kamala Harris to vote for Ms. Nomination. Kotagal. But, if a Democrat or independent senator balks at the nomination of Ms. Kotagal, for whatever reason, and no Republican “reaches out their hand” to vote for her nomination, her nomination will languish or the president will withdraw.

We believe that Ms. Kotagal’s appointment will continue and that she will eventually be sworn in. The president will exert strong pressure on his fellow Democrats in the US Senate to vote for Ms Kotagal. Democrats believe the EEOC is an important political platform they can use to rally their voter base by promising to save black, Hispanic and disabled voters, in particular, from alleged unlawful discrimination by this that party propaganda will portray as money-hungry corporations trampling on individual statutory rights.

Additionally, the White House hopes to attract women to the Democratic Party by focusing on enacting corporate wage reporting requirements into law through the EEOC and using the EEOC to help find women. victims of illegal pay discrimination that Democrats hope to remedy and save them from further inequality. Additionally, the White House plans to use the EEOC, once under Democrat control with its next EEOC nominee (whom it hopes will be Ms. Kotagal), as a messaging platform for the LGBTQ community by through continued EEOC public service announcements reminding the community that the Biden EEOC protects the rights of LGBTQ people from companies that would unlawfully discriminate against them.

So a lot “is at stake” in Kotagal’s nomination from the perspective of the Democrats running the federal government. If July 1, 2022 comes and goes, and if the U.S. Senate had not voted by then to confirm that a presidential candidate would be a member of the five-member Commission, Republican Commissioner Janet Dhillon will be able to remain on the Commission even after her term. five-year term expires if she wishes to stay until a nominee is confirmed or until the end of the calendar year, whichever comes first.

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