The EEOC at a Crossroads: Former Officials on Preserving Equal Opportunity

Throughout its history, the Equal Employment Opportunity Commission, a product of the iconic Civil Rights Act of 1964 and transformative civil right movement has been at the cutting edge in removing discriminatory barriers in the workplace including pressing disparate impact discrimination to address systemic hiring barriers (often confronted by Black and female workers), to the development of hostile workplace and sexual harassment law, the expanded understanding of religious accommodation in the workplace, and the protection of the LGBTQ workers from discrimination. Former EEOC Commissioner Chai Feldblum and former EEOC General Counsel Karla Gilbride join ASU professor David Lopez (also a former EEOC General Counsel) to discuss how several former agency officials organized to speak up against the agency's seeming retreat from its mission. This includes the agency's dismissal of gender identity claims allowed by the Supreme Court, to its refusal to use statutorily-codified disparate impact, its repeal of critical workplace guidance and self-auditing tools, and, most fundamentally, its apparent abandonment of the agency's deep tradition of deliberative, inclusive, bipartisan development of policy to protect workers.This podcast is for educational purposes only. The views expressed are those of the host and guests and do not reflect the views of Arizona State University or the Sandra Day O’Connor College of Law. Nothing discussed should be considered legal advice or a substitute for professional counsel. All errors are the responsibility of the speaker.