Janet Dhillon testifies before the Senate Committee on Health, Education, Labor and Pensions during her confirmation hearing to be Chair of the Equal Employment Opportunity Commission, on Sept. 19, 2017. Photo: Diego M. Radzinschi/ALM

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.

Andrew Maunz legal counsel of Equal Employment Opportunity Commission

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.