EEOC Names New Legal Counsel as Chair Moves to Control Agency's Litigation
The appointment of Andrew Maunz is part of what attorney Gerald Maatman Jr. sees as an ongoing "changing of the guard" since Dhillon was confirmed as chair in May 2019.
April 15, 2020 at 05:22 PM
5 minute read
The original version of this story was published on Corporate Counsel
The naming of Andrew Maunz as legal counsel for the U.S. Equal Employment Opportunity Commission this week appears to give chair Janet Dhillon a new brick to solidify her control over the agency's legal actions.
It is yet another change under Dhillon that is likely to be applauded by the corporate community she worked in for many years. Dhillon served as the general counsel of three major companies: Burlington Stores Inc., JC Penney Co. Inc. and US Airways Group Inc.
For the past nine months, Maunz has served as adviser and special assistant to Dhillon.
"From everything I have seen, there is a close working relationship between Andrew and Janet," Gerald Maatman Jr., veteran labor and employment partner at Seyfarth Shaw in Chicago, told Corporate Counsel on Wednesday. "More likely than not his job is to effectuate her policymaking decisions."
The April 13 appointment of Maunz is part of what Maatman sees as an ongoing "changing of the guard" since Dhillon was confirmed as chair in May 2019.
A key part of that change includes an internal resolution last month that appears to drastically affect how important litigation decisions are made. Previously much of the authority over agency litigation decisions and enforcement activities were delegated to the commission's office of general counsel as well as to regional attorneys.
The resolution reversed that policy, making it clear that now the commission, and not the general counsel or regional attorneys, will decide whether to commence or intervene in litigation in many cases. Sharon Fast Gustafson, sworn in last August, is general counsel of the commission.
The resolution also requires general counsel to consult with the Dhillon on even routine cases to decide whether they should be brought before the commission for a vote. Maunz is expected to play a key role in these decisions.
"This [resolution] is a stunning and dramatic revocation of the general counsel's litigation authority," Maatman and a co-author said in a recent blog post. "Many employers are likely to greet this development as an indication of a fundamental change in direction and welcome news given some of the litigation and legal positions the EEOC has taken in recent years."
Maatman was referring to the agency previously taking on so-called systemic cases on behalf of large groups of employees, as opposed to individual cases on behalf of one or two employees. The agency also had clashed with the U.S. Department of Justice in a 2018 case over whether the Civil Rights Act protects gender identity and sexual orientation in the workplace.
Into this whirlwind of change, Maunz brings a somewhat controversial background. A graduate of the University of Toledo College of Law, he started as a law clerk in 2008 for the Social Security Administration. There he worked his way up to senior attorney until he joined Dhillon's office in 2019. He has no private practice experience as an attorney.
In 2018 President Donald Trump nominated Maunz for a seat on the quasi-judicial Merit Systems Protection Board, but Maunz later withdrew his name when the Senate balked at his confirmation.
Some senators were troubled by his previous work defending the Social Security Administration against discrimination and retaliation charges brought by a former employee. Senior U.S. District Judge Richard Matsch of the District of Colorado, who ruled for the employee in the case, skewered the agency in his ruling.
Dhillon apparently was not bothered by Maunz's background. In a statement, Dhillon said, "I am thrilled that Drew will continue to lend his policy background and expertise to the EEOC in his new role as legal counsel," she said in a statement. "His experience in the area of employment law and background working at the EEOC will greatly benefit the agency as we continue to combat employment discrimination."
Maunz said in the statement, "During my time at the EEOC, I have been very impressed with the dedicated professionals that work in the [office of legal counsel]. It is an honor to serve in this role and I thank chair Dhillon for the opportunity." Reached Wednesday for further comment, Maunz said simply, "I look forward to working with the Office of Legal Counsel staff to continue to provide high-quality legal services to the commission."
Maunz replaces Ketan Bhirud, who is becoming deputy general counsel at the Department of Homeland Security. Bhirud served at the commission for about six months.
He has a broad background, including 10 years in private practice with Lionel Sawyer & Collins in Las Vegas, general counsel to the Nevada attorney general, and chief litigation counsel for that Nevada office of the attorney general.
Dhillon's statement also thanked Bhirud for his service and wished him the best in his new job.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllA Look Back at High-Profile Hires in Big Law From Federal Government
4 minute read'Appropriate Relief'?: Google Offers Remedy Concessions in DOJ Antitrust Fight
4 minute readThese Law Firm Leaders Are Optimistic About 2025, Citing Deal Pipeline, International Business
6 minute read'Serious Disruptions'?: Federal Courts Brace for Government Shutdown Threat
3 minute readLaw Firms Mentioned
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250