Retail GCs Welcome EEOC Nominee Janet Dhillon
Burlington Stores general counsel Janet Dhillon received a nomination Wednesday from President Donald Trump to lead the U.S. Equal Employment…
July 03, 2017 at 07:22 AM
5 minute read
The original version of this story was published on Law.com
Burlington Stores general counsel Janet Dhillon received a nomination Wednesday from President Donald Trump to lead the U.S. Equal Employment Opportunity Commission.
Attorneys, particularly those representing the retail industry, are optimistic about someone from the private sector potentially having a voice within the agency. They believe a lawyer who has represented major corporations such as JCPenney, US Airways and most recently Burlington Stores is well equipped to bring balance to the commission.
Michael Brizel, former general counsel of Saks Inc. and now GC at FreshDirect, met Dhillon in 2009 when she first joined JCPenney and became a member of the National Retail Federation. He said the two worked on various issues plaguing the retail industry at the time, and he found her to be “fairly easy-going, bright and quite passionate about her work.”
Brizel thinks her background makes her a strong candidate to lead the EEOC.
“General counsel of companies are called upon to evaluate whether claims of discrimination are real or not. That's what we do,” he said. “I think she would bring a great skill set to the EEOC in being able to decide whether to take cases.”
Brizel noted, “It's not just any GC, but a GC like her has worked where employees are really an integral part of the business.”
Dhillon and Burlington Stores did not respond to requests for comment.
If confirmed by the U.S. Senate, Dhillon would serve a five-year term, replacing EEOC commissioner Jenny Yang, whose term ends Saturday—although a recent Bloomberg reportindicated Yang may exercise her right to remain in her position for up to 60 days past her term expiration.
A spokeswoman for the EEOC declined to comment on Dhillon's nomination or whether Yang intends to extend her time with the commission, but confirmed it is a possibility that Yang could stay for a 60-day holdover period.
Howard Wexler, labor and employment attorney at Seyfarth Shaw in New York, who does not know nominee Dhillon personally, said her selection will come as a relief to many corporations.
“From the employer community, refocusing efforts is something employers have been clamoring for,” he said. “At least for a few years, the agency's been detached from the workplace and the issues employers face. To have someone who's been in the trenches … the choice can be viewed favorably for that reason.”
Wexler said his clients are frustrated because they believe the commission often goes straight to enforcement actions against companies without making enough of an effort to provide education or help them with preventative measures. He's confident Dhillon can add some perspective to help with the education piece, and he is also hopeful the EEOC can update its guidance on issues such as telecommuting and retaliation.
Wexler said employers rely heavily on this guidance—especially in legal departments without at least one specialized employment lawyer.
David Lopez, attorney with Outten & Golden and former EEOC general counsel from 2010 to 2016, was disappointed that Victoria Lipnic, who has served as the acting chair since January, did not receive the nomination. Lopez, who worked alongside Lipnic for a number of years, said that he admires her commitment to bipartisanship and emphasized that trait will be important for Dhillon or whomever becomes the next EEOC chair.
Lopez expects the agency will remain committed to diversity through the EEO-1 report—a disclosure of employee pay data—and fighting for equal rights for the LGBTQ community.
Dhillon is one of the 40 members in the National Retail Federation's General Counsels Forum who are “hand-picked” by Mallory Duncan, general counsel with the National Retail Federation, who announced last week he is retiring in August.
Duncan said that in the forum he's observed that two areas of particular importance for Dhillon seem to be employment issues and corporate governance matters. “In retail you focus on so many issues, but you cannot run a retail [law department] without being employee-based,” he said.
Duncan has observed Dhillon is “very sharp and keeps her counsel,” explaining she is thoughtful about what she says. Other retail attorneys have applauded Dhillon's nomination as well. Among them are Elisa Garcia, chief legal officer of Macy's; Michael Wu, general counsel of OshKosh; Robert Bostrom, general counsel of Abercrombie & Fitch; and Michelle Banks, former general counsel of Gap Inc. Each of them said they have crossed paths with Dhillon in their years working in the retail industry.
As top lawyers for their companies, they agree there is value in the possibility of having someone with Dhillon's background lead the EEOC. The appointment “makes sense,” Banks noted. “Retailers are major employers that prioritize people,” she said.
Banks worked with Dhillon on creating the Alliance for Bangladesh Worker Safety and UCLA Law Women LEAD, and Wu helped coordinate a panel through the Association of Corporate Counsel where Dhillon spoke on the career path to becoming a GC.
“She's very involved in different committees and associations and speaks on panels,” Wu said. “She's someone who has always found it very important to help to educate the lawyers of the future.”
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