Employment Discrimination Report : New York Attorneys & Lawyers for Labor Discrimination Defense : Fox Rothschild LLP

To replace Commissioner Stuart Ishimaru who left the EEOC in April, the President recently nominated Jenny R. Yang, an NYU Law graduate who is a partner in a firm that represents plaintiffs in employment discrimination cases.

From 1998 to 2003 she was in the employment litigation section of the Justice Department's Civil Rights Division, and currently serves as vice chair of the board of directors of the Asian Pacific American Legal Resource Center.

Her nomination must now go to the Senate, which, in today’s political climate, means that she is hardly assured confirmation.
 

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I just returned from Washington D.C., having attended last week’s 2012 Staffing Law Conference of the American Staffing Association.

Besides the welcome opportunity to hear speakers from across the country discuss the staffing industry and the legal challenges that it faces, which I am all too familiar with, I was particularly interested in what one speaker had to say.  EEOC Commissioner Victoria A. Lipnic indicated that the EEOC’s upcoming agenda related to employment discrimination will include continuing the practice of filing between 200-300 lawsuits per year, generally addressing alleged systemic discrimination. She noted that while the EEOC and its general counsel’s office make policy and oversee the workings of the nationwide field offices, the individual field offices are relatively autonomous in bringing the lawsuits.

Commissioner Lipnic also noted that the EEOC is presently occupied with drafting and/or updating its guidelines relating to credit checking as part of an employer’s hiring process, as well as the hiring of individuals with criminal histories.           

This conference was conducted on the heels of the announcement of the resignation effective April 29, 2012 of EEOC Commissioner Stuart Ishimaru, who has served since 2003.  The four remaining members of the EEOC are Commissioner Lipnic, and Commissioners Jacqueline Berrien (the Chairperson), Chai Feldblum and Constance Barker.     

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