[Senate Hearing 117-405]
[From the U.S. Government Publishing Office]
S. Hrg. 117-405
NOMINATIONS OF KARLA GILBRIDE
AND JESSICA LOOMAN
=======================================================================
HEARING
OF THE
COMMITTEE ON HEALTH, EDUCATION,
LABOR, AND PENSIONS
UNITED STATES SENATE
ONE HUNDRED SEVENTEENTH CONGRESS
SECOND SESSION
ON
EXAMINING THE NOMINATIONS OF KARLA ANN GILBRIDE, OF MARYLAND, TO BE
GENERAL COUNSEL OF THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, AND
JESSICA LOOMAN, OF MINNESOTA, TO BE ADMINISTRATOR OF THE WAGE AND HOUR
DIVISION, DEPARTMENT OF LABOR
__________
SEPTEMBER 13, 2022
__________
Printed for the use of the Committee on Health, Education, Labor, and
Pensions
[GRAPHIC NOT AVAILABLE IN TIFF FORMAT]
Available via the World Wide Web: http://www.govinfo.gov
__________
U.S. GOVERNMENT PUBLISHING OFFICE
48-916 PDF WASHINGTON : 2024
COMMITTEE ON HEALTH, EDUCATION, LABOR, AND PENSIONS
PATTY MURRAY, Washington, Chair
BERNIE SANDERS (I), Vermont RICHARD BURR, North Carolina,
ROBERT P. CASEY, JR., Pennsylvania Ranking Member
TAMMY BALDWIN, Wisconsin RAND PAUL, M.D., Kentucky
CHRISTOPHER S. MURPHY, Connecticut SUSAN M. COLLINS, Maine
TIM KAINE, Virginia BILL CASSIDY, M.D., Louisiana
MAGGIE HASSAN, New Hampshire LISA MURKOWSKI, Alaska
TINA SMITH, Minnesota MIKE BRAUN, Indiana
JACKY ROSEN, Nevada ROGER MARSHALL, M.D., Kansas
BEN RAY LUJAN, New Mexico TIM SCOTT, South Carolina
JOHN HICKENLOOPER, Colorado MITT ROMNEY, Utah
TOMMY TUBERVILLE, Alabama
JERRY MORAN, Kansas
Evan T. Schatz, Staff Director
David P. Cleary, Republican Staff Director
John Righter, Deputy Staff Director
C O N T E N T S
----------
STATEMENTS
TUESDAY, SEPTEMBER 13, 2022
Page
Committee Members
Smith, Hon. Tina, a U.S. Senator from the State of Minnesota,
Opening statement.............................................. 1
Braun, Hon. Mike, a U.S. Senator from the State of Indiana,
Opening statement.............................................. 3
Witnesses
Looman, Jessica, St. Paul, MN.................................... 6
Prepared statement........................................... 8
Gilbride, Karla, Silver Spring, MD............................... 9
Prepared statement........................................... 11
ADDITIONAL MATERIAL
Statements, articles, publications, letters, etc.
Letters of support and opposition for Jessica Looman to be
Administrator of the Wage and Hour Division, Department of
Labor, submitted for the Record............................ 27
Letters for support and opposition for Karla Gilbride to be
General Counsel of the Equal Employment Opportunity
Commission, submitted for the Record....................... 36
NOMINATIONS OF KARLA GILBRIDE
AND JESSICA LOOMAN
----------
Tuesday, September 13, 2022
U.S. Senate,
Committee on Health, Education, Labor, and Pensions,
Washington, DC.
The Committee met, pursuant to notice, at 10:03 a.m., in
room 106, Dirksen Senate Office Building, Hon. Tina Smith,
presiding. Present: Senators Smith [presiding], Casey, Murphy,
Kaine, Rosen, Hickenlooper, Braun, Marshall, and Tuberville.
OPENING STATEMENT OF SENATOR SMITH
Senator Smith. The Senate, Health, Education, Labor, and
Pensions Committee will please come to order. Thank you, Chair
Murray, for calling this hearing today, and I appreciate the
opportunity to fill in for Chair Murray.
In addition, thank you to Senator Burr for working closely
with Chair Murray to get this hearing planned and for working
with these two nominees. Senator Burr is also unable to be here
today, but I am very pleased to have Senator Braun as the
Ranking Republican today.
We are holding a hearing on the nominations of Jessica
Looman to serve as the Administrator of the Wage and Hour
Division of the Department of Labor, and Karla Gilbride to
serve as the General Counsel for the Equal Employment
Opportunity Commission. Ranking Member Braun and I will each
have an opening statement and then we will introduce the
witnesses. After the witnesses have given their testimony,
Senators will each have 5 minutes for a round of questions.
While we are unable to have the hearing fully open to the
public or media for in-person attendance, live video is
available on our Committee website at help.senate.gov. The
video on the HELP Committee's website will have closed
captioning. If you are in need of other accommodations, you can
reach out to the Committee or the Office of Congressional
Accessibility Services.
We received Ms. Looman's formal nomination on July 28th,
her Office of Government Ethics paperwork on August 3d, and her
Committee paperwork on August 18th. And we received Ms.
Gilbride's formal nomination on June 7th, her Office of
Government Ethics paperwork on June 23d, and her Committee
paperwork on July 11th.
I would like to thank all our witnesses for joining us and
also to welcome their family members who are here today, Ms.
Looman's husband Jason, and sons Jack and Joshua, and Ms.
Gilbride's husband Mark and mother, Janet. Welcome.
I am very happy to have before us two nominees with strong
records of representing the interests of workers. Jessica
Looman has very ably served as the Principal Deputy
Administrator of the Wage and Hour Division since January 2021.
In recognition of her excellent service, Ms. Looman has been
nominated to permanently lead the Division at the Department of
Labor, and I can't think of a better candidate for this role.
I have had the pleasure of knowing and working closely with
Jessica since 2011, and I am confident that she will be a fair
and pragmatic Administrator as she enforces some of our
Nation's most important labor laws, including laws covering
minimum wage, overtime, and child labor.
This is the role that has real impact for working people,
like the waitress who should be protected from a boss who
steals her tips, the building trades carpenter or laborer who
has the right to earn the prevailing wage that can support
their families when they work on Federal contracts, and the
worker who has the right to earned overtime but isn't being
paid for those hours worked.
Ms. Looman's values are rooted in upholding the dignity of
work and supporting every day, hardworking Americans. In all
the time that I have known her, she has approached issues with
a keen desire to understand both sides of the argument and to
find the fair solution that both sides can understand.
This is why she is respected by both employers and labor,
first in Minnesota and now in her work at the U.S. Department
of Labor. Ms. Looman is respected because she is reasonable,
and she builds consensus even when it is difficult and there
are real differences to bridge. Ms. Looman is an expert in her
field and a strong listener.
These are qualities that will serve her well and make her a
great Wage and Hour Administrator for workers and employers
across the country. Our second nominee is Karla Gilbride, who
has been nominated to serve as the General Counsel for the
Equal Employment Opportunity Commission, the EEOC.
Karla Gilbride is currently a Co-Director of the Access to
Justice Project at Public Justice, a nonprofit legal advocacy
center. There she leads litigation on issues related to
workers' rights and access to justice. Her work experience and
background in litigation on these matters makes her highly
qualified and well-suited to lead the Office of General Counsel
at the EEOC.
This office at the EEOC conducts litigation and service to
enforcing our Country's employment discrimination statutes.
These discrimination laws, which affect virtually all
Americans, include Title VII of the Civil Rights Act, the
Americans with Disabilities Act, the Pregnancy Discrimination
Act, the Equal Pay Act, the Age Discrimination and Employment
Act, the Rehabilitation Act, and the Genetic Information
Nondiscrimination Act.
These laws offer crucial protections for people in
connection to their employment to close the gender pay gap and
other pay inequities, to shut down workplace harassment and
discrimination, and to protect the rights of workers in their
workplaces.
Congress created the EEOC to protect workers through these
anti-discrimination laws, and the Office of General Counsel at
the EEOC plays a central role in delivering these protections.
I am very confident that Ms. Gilbride's background and
experiences will serve her very well in this role. Before I
turn to Ranking Member Braun for his opening remarks, I seek
unanimous consent to put into the record a statement for the
record from Chair Murray, seven letters in support of Ms.
Looman's nomination, and five letters in support of Ms.
Gilbride's nomination.
Without objection, so ordered.
[The following information can be found on page 27 (Ms.
Looman) and page 36 (Ms. Gilbride) in Additional Material:]
Senator Smith. I will now turn it over to Senator Braun for
your opening remarks.
OPENING STATEMENT OF SENATOR BRAUN
Senator Braun. Thank you, Madam Chair. Before coming to the
Senate, I spent 37 years in my hometown building a business
that started as a real little one. It evolved into a national
company.
When you do that and you live on Main Street, your
employees are your friends and your family. I think it is so
easy that companies that do grow, especially when they don't--
get to corporate, when they get detached from maybe what got
him there in the first place, it is a different dynamic.
We had that conversation a little bit prior to this hearing
today. I know firsthand that the burden that the Federal
Government can put on a small business in just making payroll
can be significant. And the other thing you got to realize is
that small businesses, they are earning a living mostly in that
small business as a paycheck and they are providing jobs to
boot.
It is technically a much tougher kind of dynamic than it
would be in just working somewhere. I want to make sure
whatever we do is that we don't throw cold water on that or
make it to where we discourage entrepreneurialism in what
happens on Main Street. Big difference between Main Street and
corporate America, in my opinion.
When it comes to how Government interacts, I think there is
a place for having common sense regulations, where employees,
when they are not treated in a way where it is like family,
friends, where you are not giving good wages, benefits, and a
good long term future there, are especially--and we were in a
hearing earlier this year from the Budget Committee, and it
related to the issue of unionizing Amazon.
Of course, you have in that case higher than normal
accident rates, higher turnover rates. And when you are maybe
bragging about the fact you are paying a $15 an hour wage, I
think we need to aim higher than all of that. I think there is
a place for that interjection of Government.
But when it comes to what drives this country, what makes
it what it is, it is Main Street America, it is that small
grassroots economy, and most of the people there, remember, are
making their living out of that entity.
We don't want to do anything that suppresses it. Today, we
are considering the nominations of our Karla Gilbride for
General Counsel of the Equal Employment Opportunity Commission,
and Jessica Looman for the Administrator of the Wage and Hour
Division of the Department of Labor.
We had a, I think, lengthy conversation in how recently
where that attempt was to move that salaried position from a
figure of like $27,000, ended up at $36,000, but then got
proposed mean as high as in the $70,000's or $80,000's.
That would completely disrupt and ruin the dynamic that
many small businesses have to live with. Acknowledging too that
if you are on a salaried pay system that there are certain
things that maybe are different from it versus being a waged
employee.
I want to make sure that--during the Trump administration,
we tried to take a little bit of the burden off of Main Street,
that we don't add back to it, conflating the need that might
come from that dynamic of huge companies with their employees
versus small businesses in Main Street with theirs.
Commission could reverse the approved--reverse some of that
stuff, and then you involve litigation, then you make it
strenuous. A lot of that marginal difference in having to fight
things that you are not necessarily needing to fight, because
you are doing a good job anyway, can be the difference between
staying in business and going out of business.
The Chair of the Commission also has made clear that she
will seek to reinstate burdensome collection pay data from
employers in an attempt to identify pay discrimination.
However, the reality is that this data provides no context for
the wages such as job experience, education, or skill level.
This collection will force employers to shoulder additional
costs and require significant changes in their H.R. systems,
and again, will have a disproportionately burdensome effect on
smaller companies.
As Wage and Hour Administrator, Ms. Looman would be charged
with the enforcing of the Fair Labor Standards Act, which is
the Federal statute dictating minimum wage, overtime pay,
record keeping, and child labor requirements for private
employers.
As Acting Administrator, she oversaw the end of some of the
things that Trump administration did. And we talked about that
before this hearing as well, that we shouldn't just get rid of
carte blanche if there is some common sense to it.
The Biden administration is working on their own version of
these rules, which I am concerned will be somewhat job killing,
burdensome, and bring uncertainty to employers, employees, and
entrepreneurs. Based on the previous conduct, I am concerned
that the White House will attempt to circumvent Congress to
implement aspects of the Pro Act.
If you try to do this wholesale, I think, again, you are
tampering with the grassroots dynamic of what makes this
economy tick. There are solutions Congress can implement to
help the Government work with employers to create a better and
fairer workplace, bona fide goals to aspire to.
For example, the Ensuring Workers Get Paid Act, which
codifies the payroll audit independent determination pilot
program, is one of them. This program gave employers a way to
proactively fix inadvertent overtime and minimum wage
violations without the heavy hand of audits and litigation and
so forth.
We need to keep that in mind because I think most small
employers really like that, before you get into a full-fledged
regulatory discussion. President Biden ended the program upon
taking office, and this bill would reinstate it so we can work
together with employers rather than continue the top down, one
size fits all approach that it looks like we are now entering
into. Thank you, Madam Chair.
Senator Smith. Thank you, Senator Braun. I will now
introduce today's witnesses. First, we have Jessica Looman.
Jessica is from Saint Paul, Minnesota. Thank you to you and
your family for being here.
Jessica is a longtime labor leader attorney and lifelong
champion of workers. Prior to joining the Department of Labor
last year, Jessica led the Minnesota State Building and
Construction Trades Council, which represents more than 70,000
union members working in 15 construction trades.
In that role, she worked to secure funding for key
infrastructure projects, fair wages, and safe working
conditions for workers, and a strong Minnesota economy. Jessica
is a strong advocate for working people, and she is also
thoughtful, innovative, and fair in working with a variety of
stakeholders.
I know this because Jessica and I were able to serve
together in State Government for nearly 7 years. We began
working together when I was Minnesota Governor Mark Dayton's
Chief of Staff. She began as an Assistant Commissioner in the
Minnesota Department of Labor and Industry and impressed us
all.
She then was promoted to Deputy Commissioner before being
named Commissioner of the Minnesota Department of Commerce,
which oversees energy, insurance, and financial services in
Minnesota.
There she led a number of successful initiatives to help
support domestic energy, grow the state's economy, and support
workers and business. Jessica received her bachelor's degree
from the George Washington--from George Washington University.
Her law degree from the University of Minnesota. She is a
24 year member of LIUNA. As I said at the beginning of this
hearing, Jessica is an excellent pick to lead the Wage and Hour
Division, and I can't think of a better nominee.
Our next witness is Ms. Karla Gilbride. Ms. Gilbride is an
attorney and leader focusing on defending the rights of
workers. I know you are also joined by your family today, and
it is wonderful to have you all with us.
Ms. Gilbride is currently the Co-Director of the Access to
Justice Project at Public Justice, a nonprofit legal advocacy
organization. There she has successfully argued in front of
multiple U.S. courts of appeals on the topic of arbitration and
recently won a unanimous Supreme Court decision in Morgan v.
Sundance, which held that courts cannot favor arbitration
agreements over other types of contracts.
She has a record of fighting for meatpacking workers,
people with disabilities, warehouse workers. Prior to joining
Public Justice, Ms. Gilbride served as an Associate at Mehri &
Skalet PLLC, where she worked on wage and hour, employment
discrimination, consumer class action, and Fair Housing Act
cases. Before that, she spent several years at Disability
Rights Advocates, representing disabled consumers and
discrimination class actions.
Ms. Gilbride is from New York, and both her parents and
grandparents were lifelong New Yorkers. She went to public
school in Long Island, and her father was a state employee. Ms.
Gilbride received her bachelor's degree from Swarthmore College
and her law degree from Georgetown, where she served on the
Georgetown Journal of Poverty, Law and Policy, and graduated
with honors.
Following her graduation from law school, she clerked for
Judge Ronald Gould of the U.S. Court of Appeals for the Ninth
Circuit. I am confident that her skills and experiences make
her well-prepared to serve as the General Counsel of the EEOC,
and I look forward to supporting her nomination as well. Thank
you very much.
We will begin with Ms. Looman, with your testimony.
STATEMENT OF JESSICA LOOMAN, TO BE ADMINISTRATOR, WAGE AND HOUR
DIVISION, DEPARTMENT OF LABOR
Ms. Looman. Thank you so much, Madam Chair. Thank you,
Ranking Member Braun and the Members of the Committee that are
here today. I appreciate very much the opportunity to appear,
and I particularly want to thank Chair Smith for the very, very
kind introduction.
I also want to thank my husband Jason and my sons, Jack and
Joshua, who are here with me today for their ongoing
encouragement and support. I am honored and grateful for
President Biden, Vice President Harris, and Secretary Walsh's
faith in me. I appreciate your consideration for my nomination
to serve as the Administrator of the Wage and Hour Division of
the U.S. Department of Labor.
As Senator Smith shared, my family and I are from Saint
Paul, Minnesota, and since January 21, I have served as the
Deputy Administrator for the Wage and Hour Division here in
Washington. I am proud that every day I get to wake up and help
148 million workers across our Country and 10 million
employers. I, like many of you, were inspired to public service
by my parents.
My mother, who passed away in 1999, was active in our
community. She worked for the Red Cross and the Cystic Fibrosis
Foundation, and she was passionate about making sure that
everyone, and especially women, were able to vote. My dad, who
was a locomotive engineer and a union steward when I was
little, also served in the Ohio State Government.
My dad especially taught me that hard work and workers are
the foundation of our society, our economy, and our community,
and he is pretty proud of me right now. Last year I came to the
Wage and Hour Division after 2 years as the executive director
of the Minnesota State Building and Construction Trades
Council, which represents over 70,000 union construction
workers in that state.
In that role, I partnered with employers and advocates for
more construction investment, I worked to expand construction
career pathways, and increase the number of women and people of
color in the Minnesota construction industry.
In 2017, I was appointed by the Governor of Dayton as the
Commissioner of the Minnesota Department of Commerce, where I
worked at the energy, finance, and insurance industries to
expand investments in domestic energy production, focus on
consumer protections, and address insurance fraud.
As Deputy Commissioner of the Minnesota Department of Labor
and Industry, I oversaw the operations of the agency as well as
the labor standards, construction codes, and apprenticeship
programs. I was proud to oversee some of the most impactful
efforts to streamline licensing and increase opportunities to
expand registered apprenticeship into health care, agriculture,
and IT industries.
Throughout my work with the Minnesota building trades and
my time with the Minnesota Department of Commerce and Labor, I
have worked on issues of critical importance to businesses and
workers.
In each of these roles, I made sure to listen and learn
from business, worker, Government, and other leaders, and I
have consistently found that listening to all points of view
has made me a better leader too.
My parents, mentors, and colleagues have all inspired me to
work hard, to collaborate, build consensus, and develop
opportunities, and create economic security for working people
across our Country, and I have worked with employers to do it.
Nowhere is this better illustrated than the construction
industry where I have spent over half of my career. Because
building trades workers only work when they are construction
contractor employers have projects, it is critical that labor
and management partner together to advocate for infrastructure
investment, to ensure the safety of construction workers, and
to expand diversity and inclusion in the industry.
I bring those lessons to my state and now my Federal
Government work. As Commissioner of the Minnesota Department of
Commerce, I prioritize providing certainty for the financial,
energy, and insurance industries, and at Labor and Industry, I
provided construction, manufacturing, and health care
industries, helping them to work to meet their workforce needs
and their labor standards responsibilities.
I recognize that helping employers understand the law is a
key part of helping businesses, consumers, and employee, and
working families thrive in our economy, and that most employers
want to understand and to comply with the law.
To support responsible employers and all working people, we
must focus on protecting the most vulnerable among us, because
it hurts both workers and employers when workers become victims
of wage theft, retaliation, and exploitation.
In America today, we are seeing workers who are not getting
paid the minimum wage and the overtime they have earned, and
children working in dangerous occupations. And we know that
workers are still fired, threatened, and worse because they
asked to be paid for their work.
If confirmed, I am committed to helping to prevent wage and
hour violations from happening through outreach, education, and
compliance, and to ensuring that violations that do occur are
remedied and workers are made whole. It would be a privilege to
serve. Thank you.
[The prepared statement of Ms. Looman follows:]
prepared statement of jessica looman
Thank you, Chair Murray, Ranking Member Burr, and Members of the
Committee for the opportunity to appear before you today and thank you
to Senator Smith for that kind introduction. I also want to thank my
husband Jason and my sons Jack and Joshua, who are with me here today,
for their encouragement and support.
I'm honored and grateful for President Biden, Vice President
Harris, and Secretary Walsh's faith in me, and I appreciate your
consideration of my nomination to serve as Administrator of the Wage
and Hour Division of the U.S. Department of Labor.
As Senator Smith shared, my family and I are from St. Paul,
Minnesota and since January 2021, I have served as the Deputy
Administrator for the Wage and Hour Division here in Washington.
I am proud that every day, I get to wake up and do my best to help
148 million workers and 10 million employers across this country.
I, like many of you, was inspired by my parents to go into public
service. My mother, who passed away in 1999, was active in our
community. She worked for the Red Cross and the Cystic Fibrosis
Foundation, and she was passionate about making sure that everyone, and
especially women, voted. My dad, who was a locomotive engineer and
union steward when I was little, also served in Ohio state government.
My dad especially taught me that hard work and workers are the
foundation of our society, our economy, and our community. He's pretty
proud of me right now.
Last year, I came to the Wage and Hour Division after 2 years as
the Executive Director of the Minnesota State Building and Construction
Trades Council, which represents over 70,000 union construction
workers. In that role, I partnered with employers to advocate for more
construction investment. I worked to expand construction career
pathways and increase the numbers of women and people of color in the
Minnesota construction industry.
In 2017, I was appointed as the Commissioner of the Minnesota
Commerce Department where I worked with the energy, finance, and
insurance industries to expand investments in domestic energy
production, focus on consumer protections, and address insurance fraud.
As the Deputy Commissioner at the Minnesota Department of Labor and
Industry, I oversaw the operations of the agency as well as labor
standards, construction codes, and apprenticeship programs. I was proud
to oversee some of the most impactful efforts to streamline licensing
processing and increase opportunities to expand registered
apprenticeships to healthcare, agriculture, and IT.
Throughout my work with Minnesota Building Trades and my time with
the Minnesota Departments of Commerce and Labor, I worked on issues of
critical importance to businesses and workers. In each of these roles,
I made sure to listen to and learn from businesses, workers, and
government. I have consistently found that listening to all points of
view has made me a better leader too.
My parents, mentors, and colleagues have all inspired me to work
hard to collaborate, build consensus, and develop opportunities and
create economic security for working people across our country. And I
have worked with employers to do just that. Nowhere is this better
illustrated than in the construction industry where I have worked in
different capacities for over half of my career. Because building
trades workers work when their construction contractor employers have
projects, it is critical that labor and management partner together to
advocate for infrastructure investment, to ensure the safety of
construction workers, and to expand diversity and inclusion in the
industry.
I bring those same lessons to my work in state, and now, Federal
Government. As Commissioner of the Minnesota Department of Commerce, I
prioritized providing regulatory certainty for the financial, energy,
and insurance industries. At the Minnesota Department of Labor, I
worked closely with the construction, manufacturing, and healthcare
industries to help them meet their workforce needs and their labor
standards responsibilities. I recognize that helping employers
understand the law is a key part of helping businesses, consumers, and
working families thrive in our economy.
I know that most employers want to understand and comply with the
law. And to support responsible employers and all working people, we
must focus on protecting the most vulnerable among us--because it hurts
both workers and responsible employers when workers become victims of
wage theft, retaliation, or exploitation. In America, today, we are
seeing workers who are not getting paid the minimum wages and overtime
they have earned and children working in dangerous occupations. And we
know that workers are still fired, threatened, or worse because they
ask to be paid for their work. I am committed to helping to prevent
violations from happening through outreach, education, and compliance
assistance, and to ensuring that violations that do occur are remedied
and workers are made whole.
It is an honor to be nominated to be the Administrator of the Wage
and Hour Division of the US Department of Labor. And it would be a
privilege to serve in this role if I am confirmed. Thank you again for
the opportunity to appear before you today, and I look forward to your
questions.
______
Senator Smith. Thank you, Ms. Looman.
We will now hear from Ms. Gilbride for 5 minutes. Thank
you.
STATEMENT OF KARLA GILBRIDE TO BE GENERAL COUNSEL, EQUAL
EMPLOYMENT OPPORTUNITY COMMISSION
Ms. Gilbride. Thank you, Chair Smith, Ranking Member Braun,
and Members of the Committee. I am honored to be here today
under consideration to serve as General Counsel of the U.S.
Equal Employment Opportunity Commission.
I am deeply grateful to President Biden and Vice President
Harris for nominating me for this role. I am even more grateful
to the people in my life who helped me get to the place where
that nomination was possible.
The first of those people can't be with us physically
today, but I know he is here in spirit, and that is my father,
James Gilbride. My dad taught me by example about the nobility
of service, starting with his service to this country in the
military, followed by a career in law enforcement.
He taught me, through his quiet, steadfast presence that
showing up, working hard, and treating others with respect are
virtues worth emulating. My mother, Janet, is here today. From
her, I learned from an early age about leadership and about
taking the initiative to address unmet needs.
I was born with an eye condition that caused me to be
totally blind. My mom looked around for support groups for
parents of blind children in Long Island, New York, where we
lived, and upon finding that there weren't any such groups, she
started one. She also took on leadership roles within our
church and school district, and many evenings during my
childhood she presided over meetings at our kitchen table.
Like many parents, she was a fierce advocate for her child,
making sure that I had the same educational opportunities that
my sighted peers did, but she broadened those efforts beyond
her own family to advocate for other students with disabilities
as well.
Also with me today is my husband, Mark Faulkner, one of the
smartest and most generous people I have ever known. Mark is
not a lawyer, and while I am most comfortable in a world of
words, he is happiest when working with his hands or with data
and electronics.
Our differences and the joy he takes in doing things I am
not good at and don't enjoy remind me every day how important
different skills and perspectives are. Our differences make our
partnership work, and my life is richer in countless ways
because he is part of it. I am grateful beyond words for his
support over the years, and I am grateful that he is here
today. Other people also set me on the path that made this
nomination possible.
Teachers who instilled a lifelong love of learning and
propelled me to excel as a first generation college student and
then go on to law school. Role models in the disability rights
and women's rights movement who dared greatly and gave me the
courage to dare more while standing on their shoulders. And my
current and former employers who mentored and supported me as I
gained skills and confidence as a lawyer.
Throughout my legal career, I have always sought to open
pathways of opportunity to those with less money and fewer
societal advantages. I have represented restaurant workers,
truck drivers, people who endured dangerous conditions in
meatpacking plants, and people who use wheelchairs and just
want the same transportation options as everyone else.
Along the way, I have learned a great deal about
litigation, but also about how to effectively communicate and
find common ground. I have learned that by listening closely to
everyone I interact with, I will learn, I will grow, and I will
form relationships that matter. I can't think of another
Government agency where using the legal experience and
interpersonal skills I have acquired over the years would mean
more to me than the EEOC.
That is because the laws that the EEOC enforces represent
some of this country's greatest ideals, that everyone should
have opportunities to reach their full potential in the
workplace, free from barriers caused by bias, harassment, or a
failure to accommodate their religion, their pregnancy, or
their disability.
If I am so fortunate as to be confirmed to serve as General
Counsel at this agency, I will work with the Commissioners, the
regional attorneys and agency employees, employers and their
representatives, and those who file charges of discrimination
with the agency to bring those ideals closer to reality.
I recognize that the position I have been asked to fill
entails challenge and complexity. I welcome the challenge
because I believe in the EEOC's mission with every fiber of my
being, and I welcome the complexity because I know there are
many valuable and diverse perspectives with a lot to teach, and
I am eager to learn. Thank you again to the Committee for your
time and consideration today, and I welcome your questions.
[The prepared statement of Ms. Gilbride follows:]
prepared statement of karla gilbride
Chair Murray, Ranking Member Burr, and Members of the Committee,
I'm honored to be here today under consideration to serve as general
counsel of the U.S. Equal Employment Opportunity Commission (EEOC). I'm
deeply grateful to President Biden for nominating me for this role, and
I'm even more grateful to the people in my life who helped me get to
the place where that nomination was possible.
The first of those people can't be with us physically today but I
know he's here in spirit, and that's my father, James Gilbride. My dad
taught me by example about the nobility of service, starting with his
service to this country in the military followed by a career in law
enforcement. And he taught me through his quiet, steadfast presence
that showing up, working hard, and treating others with respect are
virtues worth emulating.
My mother, Janet, is here today. From her I learned at an early age
about leadership and about taking the initiative to address unmet
needs. I was born with an eye condition that caused me to be totally
blind. My mom looked around for support groups for parents of blind
children in Long Island, New York, where we lived, and upon finding
that there weren't any such groups, she started one. She also took on
leadership roles within our church and school district, and many
evenings during my childhood she presided over meetings at our kitchen
table. Like many parents, she was a fierce advocate for her child,
making sure that I had the same educational opportunities that my
sighted peers did, but she broadened those efforts beyond her own
family to advocate for other students with disabilities as well.
Also, with me today is my husband, Mark Faulkner, one of the
smartest and most generous people I've ever known. Mark is not a
lawyer. While I'm most comfortable in a world of words, he's happiest
when working with his hands or with data and electronics. Our
differences, and the joy he takes in doing things I'm not good at and
don't enjoy, remind me every day how important different skills and
perspectives are. Our differences make our partnership work, and my
life is richer in countless ways because he is part of it. I am
grateful beyond words for his support over the years, and I am grateful
that he is here today.
Other people also set me on the path that made this nomination
possible: teachers who instilled a life-long love of learning and
propelled me to excel as a first-generation college student and then go
on to law school; role models in the disability rights and women's
rights movements who dared greatly and gave me the courage to dare more
while standing on their shoulders; and my current and former employers,
who mentored and supported me as I gained skills and confidence as a
lawyer.
Throughout my legal career, I have always sought to open pathways
of opportunity to those with less money and fewer societal advantages.
I have represented restaurant workers, truck drivers, people who
endured dangerous conditions in meatpacking plants, and people who use
wheelchairs and just want the same transportation options as everyone
else.
Along the way I have learned a great deal about litigation, but
also about how to effectively communicate and find common ground. I've
learned that by listening closely to everyone I interact with, I will
learn, I will grow, and I will form relationships that matter. And I
can't think of another government agency where using the legal
experience and interpersonal skills I've acquired over the years would
mean more to me than the EEOC.
The laws the EEOC enforces represent some of this country's
greatest ideals, that everyone should have opportunities in the
workplace free from barriers caused by bias, harassment, or a failure
to accommodate their religion or their disability. If I am so fortunate
as to be confirmed to serve as general counsel at this agency, I will
work with the commissioners, the regional attorneys and agency
employees, employers and their representatives, and those who file
charges of discrimination with the agency, to bring those ideals closer
to reality. I recognize that the position I have been asked to fill
entails challenge and complexity. I welcome the challenge because I
believe in the EEOC's mission with every fiber of my being, and I
welcome the complexity because I know there are many valuable and
diverse perspectives with a lot to teach, and I am eager to learn.
Thank you again to Chair Murray, Ranking Member Burr, and Members
of the Committee for the opportunity to appear before you today. I
welcome your questions.
______
Senator Smith. Thank you very much to both of our nominees.
And we will now begin a round of questions from Members of
approximately 5 minutes each.
I will begin with a question to Ms. Looman.
Ms. Looman, you have a strong background in labor. I am
very proud of that background for a good reason. In your time
working in Minnesota and now in Washington, I know you have
also made it a priority to listen to both sides of an issue and
to build relationships and open dialog with both workers and
employers.
Could you talk a little bit more about that value that you
have? Why do you think it is so important to listen to everyone
when you are making policy? And could you expound a bit on how
you have worked with a wide variety of stakeholders, including
businesses and employers, in addition to representatives from
Labor?
Ms. Looman. Thank you, Madam Chair. I appreciate the
question. I absolutely agree and recognize that in order to
have an effective labor standards program for this country,
that we need to recognize that we are both protecting working
people and we are helping serve the employers who provide them
jobs every single day.
The way we do that and the way I think about that work--I
mean, I have always thought about that work, whether it is in
Minnesota State Government or when it is working advocating for
union construction workers or now at the Wage and Hour
Division.
The way I always think about that work is first and
foremost, our goal is to prevent wage and hour violations from
ever occurring in the first place. When we work together, when
employers understand their responsibilities, when workers
understand their rights, then we would through outreach,
education, compliance, we can make sure that those violations
never occur.
That is just one of the most critical issues, is that
success for the Wage and Hour Division and frankly success for
our economy is that workers are paid correctly every time on
payday.
Through prevention, we can really work together to make
sure that employers and workers and unions are coming to the
table, having a conversation, and understanding what the
obligations are and how to achieve those as quickly, as
efficiently, and as productively as possible.
Senator Smith. Thank you very much. I want to hone in a
little bit on the issue of wage theft, which is something that
I am greatly concerned about. I think it is really surprising
for people to understand that wage theft is so pervasive that
according to one estimate, it accounts for nearly three times
as much lost money as robberies.
Wage theft, of course, can take many forms, whether it is
making employees work off the clock, denying overtime pay,
stealing tips, knowingly misclassifying your workers. I think
we would both agree that many employers treat their workers
fairly and do the right thing, want to do the right thing when
it comes to compensating their employees.
Yet we also know that there are examples of employees being
taken advantage of. So, Ms. Looman, if confirmed, what will you
do to combat this issue of wage theft? And can you give us an
example or two of why this is so important?
Ms. Looman. Thank you, Senator. Absolutely. Wage theft is
one of the most critical issues, and it is foundational under
the Fair Labor Standards Act that workers get paid the minimum
wage and the overtime, a minimum wage for every hour that they
work, overtime when they work over 40.
Since I have been with the Wage and Hour Division, we have
collected over $343 million in back wages for 279,000 workers.
Again, that is--those are folks who didn't get paid correctly
on payday. I think the reason that this is so prevalent and
such a critical issue is because it is not just about impacting
industries and sectors, this is also the impact on individual
workers lives.
I was in Columbus, Ohio, a few weeks ago and was talking
with an investigator at the Wage and Hour Division, and he was
telling me about the impact that he was able to make on one
worker's life when he was able to return $200 that she should
have gotten on her paycheck, was able to return $200. And he
asked her what she was going to do with that money.
She said, I am going to call my grandchildren. I usually
see my grandchildren on the weekends, but I haven't been able
to buy them food for the last 3 weeks and I haven't been able
to see them, and the first thing I am going to do is call them
and invite them to my house, and then I am going to go to the
grocery store. That makes the difference.
That $200 makes the difference to that worker and that
family, and that is what we have to prevent. We have to prevent
wage theft to that worker.
Senator Smith. Thank you very much. Thank you. Ms.
Gilbride, I so enjoyed the opportunity to meet with you and our
discussion last week and appreciated hearing your--about your
experience and your personal interest in this role.
I want to just give you an opportunity to expand on that
briefly. And could you just talk to us about what you connect
to in the mission of the EEOC, and what you think will be so
important as you approach this important role.
Ms. Gilbride. Absolutely, and thank you for the question.
The mission of inclusion and of allowing workers to be judged
on their merits and not on aspects of their identity, like
their race, their sex, their religion, or their disability is
something that I have practiced and focused on throughout my
career as a civil rights lawyer representing workers, but it is
also something that I feel very personally as a woman, as a
person with a visible disability.
You know, I have been fortunate to have had wonderful
employment opportunities throughout my career, but I have also
applied for jobs that I didn't get. I have had interviews where
I did feel that my disability was perhaps an elephant in the
room. I have talked to many friends, many people that I know
well in the disability community who have similar experiences.
Or I have friends who are attorneys of color and who have
had potential clients say to their face, I would be more
comfortable working with a white lawyer than with you. And
those experiences of being treated as less than, of not being
trusted, of not being given opportunities because of immutable
characteristics of race, of sex, of disability is something I
feel very strongly about, something that is very personal to
me.
I would do my best to bring my experiences and my legal
skills to bear to make sure that the ideals and the mission of
equality of opportunity that led Congress to pass the anti-
discrimination statutes that the EEOC is now charged with
enforcing, that mission is something that is very personal to
me, and I would make sure that Congress has laws as interpreted
by the Supreme Court are enforced by the Commission, if I am so
fortunate as to be confirmed as General Counsel.
Senator Smith. Thank you very much.
Senator Braun.
Senator Braun. Ms. Looman--I have got three questions for
each witness and kind of pace the answers accordingly. I have
got a little--five minutes or just a hair over. The Pro Act,
which passed the House, does not look like it is going to make
it through the Senate, had a couple really significant items
within it.
It would be expanding the joint employer standard and
further fleshing out the definition of independent contractor,
including the ABC test, which I think you are familiar with. My
question is very simple, do you think the Department of Labor
has the authority to wade into either one of these discussions,
or do you think that is the bailiwick of us here in Congress?
Ms. Looman. Thank you, Senator Braun, and I will try to
keep my comments short. The Pro Act is very much supported by
President Biden in terms of how Congress can help move forward
with thinking about worker protections and worker organizing in
this country, which is empowering workers.
From the perspective of the Wage and Hour Division of the
Department of Labor, we continue to look at implementing and
enforcing the Fair Labor Standards Act as passed by Congress,
and that means that we do look at issues related to the
employer, employee relationship as it impacts whether workers
are earning minimum wages and overtime under the law.
Senator Braun. Does that mean you would be for looking at
particularly doing something to change the ABC test or
expanding the joint employer standard guidelines? Is that
something that is actually--something Congress should do, or
can you do it administratively?
Ms. Looman. Thank you, Senator Braun. Related to the ABC
test specifically, the Wage and Hour Division in the Department
of Labor do not have the authority to adopt by regulation ABC
test unless there is--it is changed by Congress. We do have the
responsibility of ensuring that workers are not misclassified
as independent contractors and that is very much a focus of
ours in the Wage and Hour Division, and that is determined on a
case by case basis, not utilizing the ABC test.
Senator Braun. Sounds like with the former you think it
does not have the authority. And on the second one, when it
comes to independent contractors, you would get involved in
maybe the more routine part of what you would come across as
opposed to charting new territory.
Second question, the gig economy, which is something
relatively new. Tell me what you think about it. And of course,
that is in that tricky category of independent contractor, one
person business, and the fact that it has exploded in terms of
options, again, for people to earn a living.
To me, the same thing is getting a paycheck from an
employer. Plus, again, all the risk of running your own
business. Tell me what you think about it and how would you
navigate accordingly.
Ms. Looman. Thank you, Senator Braun. The way that
individuals are employed is, again, a case by case
determination that we make in the Wage and Hour Division when
we are looking at whether or not there been violations of the
Fair Labor Standards Act. And we particularly recognize and
understand that legitimate independent businesses have an
incredibly important role in our economy.
At the same time, we want to make sure that workers that
should be getting the basic protections of minimum wage and
overtime are getting those protections. And so we apply the law
based on the cases and the facts that we have and determine
whether or not any individual worker should be getting those
protections under the law.
Senator Braun. One final question, the Department of Labor
is considering the threshold for overtime exemptions. Mentioned
it earlier in my opening statement. Some have called for a
level up to or slightly above $80,000. What is your opinion on
where that should be?
Ms. Looman. Thank you, Senator. We--overtime is one of the
foundational and most important issues that we look at in the
Wage and Hour Division. And as you know, the exception from the
Wage and Hour protections for workers who are characterized as
executive, administrative, or professional employees, there is
a salary----
Senator Braun. What about the level? I know all of that.
What is your opinion on where that level should be? Because
that is the thing that everybody is worried about, not the
concept of it.
Ms. Looman. Absolutely. And that level does matter because,
again, it is when you make----
Senator Braun. Do you have an opinion on where that level
should be?
Ms. Looman. We have been listening to industry, we have
done over 27 listening sessions with over 2,000 participants,
really to get to that issue of what is the appropriate level
for workers who are going to be excluded from----
Senator Braun. It sounds like you are still working through
that. So to me, I think most--like I said earlier, if it would
get into that higher altitude area, it would be disruption both
for employees and employers.
Ms. Gilbride, in a recent Wall Street Journal op-ed,
Commissioners Dhillon and Sonderling expressed concern that the
Commission was being undermined by a power grab from the staff,
which is refusing to formally close proposed lawsuits that the
majority of the Commission has voted down.
Do you agree that only the Commission by majority vote can
authorize litigation, and the General Council and staff should
defer to the Commission's decision?
Ms. Gilbride. Thank you for the question, Senator Braun. I
understand that the delegation of litigation authority from the
Commissioners to the General Counsel is something that has
evolved over time at the agency.
If I am so fortunate as to be confirmed, I would want to
speak with all of the stakeholders, including Commissioners
Dhillon and Sonderling, as well as the career staff at the
agency, who have a lot more understanding of how the delegation
authority has played out over time.
Based on those perspectives, I would gain a more informed
opinion than I do now as an outsider, which is only what I read
in the news media.
Senator Braun. Final quick question related to that, do you
think it is appropriate for the General Counsel to take a
litigation position that does not reflect the majority view of
the Commission?
Ms. Gilbride. Well, if I have the opportunity to serve as
General Counsel, I would certainly work closely with the
Commissioners and attempt to gain consensus. Again, I would
follow what the current delegation of authority is with respect
to seeking Commission approval for engaging in new litigation.
But aside from whatever the formal policy of delegation is,
I think it is simply a good practice to work closely with all
affected stakeholders, and I would want to understand what the
Commissioners' views were, if we had a difference of opinion to
try to work through that through productive dialog to hopefully
reach consensus.
Senator Braun. Thank you so much.
Senator Smith. Thank you.
Senator Murphy.
Senator Murphy. Thank you very much, Madam Chair. Thank you
to both of you for your willingness to serve. I had just one
topic that I wanted to raise with you, Ms. Looman, and that is
the issue of noncompete agreements.
There is a growing body of literature, frankly, both on the
right and the left that shows, one, the massive explosion of
non-compete agreements, both for high income workers, where we
tend to think non-compete agreements exist, but also low income
workers.
Today, it is estimated that somewhere between 20, maybe as
high as 30 or 40 percent of American workers have these non-
compete agreements, the vast majority of them are not
negotiated. And in fact, maybe as high as 30 to 40 percent of
these non-compete agreements are signed after the employee
starts the job when they have very little leverage to refuse
it.
In Connecticut, we are hearing about these non-compete
agreements being used for very low income home care workers. Of
course, there is the famous instance of Jimmy John's Sandwich
Shop requiring its workers to sign non-compete agreements and
then denying them the ability to go work for another franchise
of Jimmy John's because it was owned by a different ownership
group.
These non-compete agreements, they depress wages, they
hinder entrepreneurship. And we have a good bipartisan
consensus growing in the Senate to restrict their usage.
Senator Young, Senator Cramer, Senator Kaine, and myself have
introduced legislation that would make them broadly
impermissible with certain commonsense exceptions.
I know Senator Rubio and Senator Hassan have introduced
more targeted legislation to restrict their uses for lower
income workers. President has put out an Executive Order from
starting to enter this--put the Administration more firmly on
the side of workers.
What can the Wage and Hour Division do? What role can the
Division play in reducing the proliferation of these harmful
agreements? What is the sort of boundaries of what the law
allows you to do today? What additional authority might you
need from Congress?
Ms. Looman. Thank you, Senator. We, too, are concerned
about, and again, in my role as the Deputy Administrator but
also in my previous roles, we are concerned about issues that
would impact workers in terms of either the wages that they
earn today or also from any chilling effect about them stepping
forward and coming and suffering--fear of suffering from
retaliation because they have exercised their rights under the
Fair Labor Standards Act.
We see some arrangement that could really result in that
chilling effect, and that could include these non-compete
agreements. These could include other issues that are
particularly concerning in terms of, again, empowering workers
to make sure that they are getting the rights that they are
entitled to under the law.
From the Wage and Hour perspective, we very much look in
our--in the course of our investigations to make sure that
workers are getting all of the law--all the protections that
they should be getting under the Fair Labor Standards Act, but
we also work very closely with employers to help identify and
address areas that could be considered retaliation and prevent
those from happening in the first place.
In some ways, a non-compete agreement really could have
that chilling effect and we are concerned about that for
working people.
Senator Murphy. And often these non-compete agreements are
unenforceable. Many of them are limited in scope, but they
often allow the employer to make certain threats to employees
that may not be based in law, because many states, frankly,
limit the usage of these non-compete agreements, that end up
binding the employee to their workplace, even though their
agreement actually does not limit their ability to go seek
other employment.
I guess my only other question is a simple one, and I do
hope that we are going to be able to have some success in
moving this bipartisan legislation through. If you look at the
map of states that restrict them, it has nothing to do with
which party controls the state legislature or the Governor's
office.
Again, this is a pretty nonpartisan issue. Just ask for
your commitment to work with those of us who are trying to
develop legislation to empower the Administration to crack down
on unjustifiable non-compete agreements.
Would you commit to working with those of us on both sides
of the aisle that are trying to address this issue?
Ms. Looman. Thank you, Senator. Absolutely. If confirmed, I
am happy to continue to work on this issue with you.
Senator Murphy. Great. Thank you, Madam Chair.
Senator Smith. Thank you very much.
Senator Tuberville.
Senator Tuberville. Thank you, Madam Chair. The
congratulations to both of you and Godspeed to doing this job
at this time with inflation, and it just announced that incomes
aren't going up very much and the American people are
suffering. But Ms. Looman, businesses across my State of
Alabama and the Nation have been hammered by COVID, and we have
got a lot of rippling effects.
It stands to reason the Department of Labor should
recognize the lingering economic consequences that COVID has
had on everybody across the country, the negative impact. Many
industries are currently facing historic global supply chain
disruptions, rising material prices, massive workforce
shortages.
For example, the construction industry is--this year will
be 650,000 people short, and that is devastating to our
Country. You know, a sweeping change to overtime pay
regulations will further complicate and worsen this current
situation.
Do you think that now is the time for further regulations
in this area, just as businesses are trying to get back off
their feet? What are your thoughts on that?
Ms. Looman. Thank you, Senator. And absolutely agree that
we are continuing to come out of the challenges that we all
faced under the pandemic. And we do take into account how we
think about the work that we are doing, the outreach education,
compliance work that we are doing every day in the Wage and
Hour Division in light of all of those issues, particularly
focused on essential workers and the workers who really kept
our economy going through the pandemic.
The overtime issue, as I mentioned earlier, is incredibly
important and it is one of the most foundational protections
that we have in this country to ensure that both workers are
making the wages that they are entitled to under the law, and
also that employers, the responsible employers, are able to
compete in the marketplace.
When we look at whether or not we want to change any of the
overtime regulations, which is something that is our
responsibility to continue to evaluate, we look at where we are
right now in terms of what the threshold is for an exclusion,
to exclude people from the protection of the Fair Labor
Standards Act and whether that is the right threshold.
As I said, we have been engaging with stakeholders, we have
been looking at this issue. We continue to determine whether or
not it is the right time to make a change as anticipated by the
current regulations.
As you know, the current regulations do set that threshold
at about $35,500 a year. And then the anticipated in the most
current regulations is this concept that we would need to
continue to evaluate whether that is the appropriate threshold
on an ongoing basis. So that is the work that we are doing now
at the Department of Labor, is doing that evaluation.
Senator Tuberville. Thank you. Ms. Gilbride you are being
nominated for a 4-year term as an EEOC General Counsel, a very
important job. As I am sure you are aware, your predecessor was
fired by President Biden last March, years before her term
expired. Now, this shouldn't be a political job.
This should be a job where people get experience and work
through it. You know the problems, you know the answers. And
the more and longer you are in this, the better you are at it,
and that you are able to help the American people. What are
your thoughts about if any president, any president cut short
your term, would you resign?
Ms. Gilbride. Thank you for that question, Senator. I would
hope that in the time that I would have spent as General
Counsel before any change in Administration, that I would have
gained the respect of my peers and that I would have a track
record of success and good work done in the job that would
cause the new president to want to keep me on in that position,
to gain further experience and to continue my work.
If that were not the case, and if a new president came into
office and asked me to leave, I would then evaluate whether I
thought I could continue on effectively. If I didn't feel I
could effectively serve the agency and its mission, then I
would step down and resign.
Senator Tuberville. Very good answer. I hope you would
tell, I don't care whether Republican or Democrat President, to
pound sand, that this is your job, that you were nominated and
confirmed. You know, I am a believer in experience, coming from
the field that I came from. So, very good answer. Thank you,
again, both for doing what you are doing. It is a sacrifice,
and I hope you are very successful. Thank you. Thank you, Madam
Chair.
Senator Smith. Thank you, Senator Tuberville.
Senator Casey.
Senator Casey. Thank you, Senator Smith. And thanks for
sharing this hearing, this important hearing. I want to thank
both of our nominees for their enduring commitment to public
service. And in particular, Ms. Looman, I want to commend your
work lifting up the voices of workers and the work you did on
behalf of members of the building trades. Ms. Gilbride, for
your work at public justice and advocating on behalf of
workers' rights. I will start with Ms. Looman.
I wanted to thank you for the time we spent discussing the
work that you do. I recently, as you know, sent a letter to
Secretary Walsh urging the Department to take action on the
spread of invasive and exploitative technologies in workplaces
across the Nation. The implementation of novel technologies to
track, monitor, manage, and discipline workers is growing due
to an imbalance of power in the workplace and a lack of legal
protections or regulatory restrictions on these practices.
The reports that employers are using worker productivity
technologies to commit wage theft with little transparency or
recourse for workers to understand how these decisions are
being made. I believe the Department of Labor must stay at the
forefront of these issues on behalf of workers, and to monitor
and regulate workplace privacy and technology issues before
they become the norm.
Here is my question, as the Administrator of the Wage and
Hour Division, how will you consider or weigh the impact of
emerging workplace technologies on workers' rights and worker
protections?
Ms. Looman. Thank you, Senator. And if I am privileged to
be confirmed in this role as the Administrator, it will
continue to be a priority for me to think about how, what
tools, what instances, what ways workers may be deprived of
their protections under the Fair Labor Standards Act.
That, again, is a way that we can work with employers to
help identify what those instances might be, where those
violations might be occurring, and prevent them from happening
in the first place.
I would be happy to work with you as you continue to think
about this issue, to work with the Wage and Hour Division, to
think about how we can ensure worker protections in light of
some of these concerns that you have raised.
Senator Casey. Thank you. I will turn next to Ms. Gilbride
to ask you about sub-minimum wage. As you know, this is a
continuing practice that has an adverse impact on people with
disabilities.
I have worked for years now in the Senate to lead the
effort to phaseout sub-minimum wage for people with
disabilities. I have got a bipartisan bill with Senator Daines
of Montana that would help employers who pay sub-minimum wage
to shift their employment model to a competitive and integrated
employment model.
There are currently about 1,000 employers across the
country that are permitted by law to pay their employees with
disabilities below the minimum wage. Some of these employers--
employees are paid as little as $1.00 or $0.50 an hour. The
average the last time that it was surveyed is about $3.34 an
hour, which is a terribly low wage.
Many of these employees with disabilities work side by side
with employees that don't have a disability and earn at least
the minimum wage. The Biden administration has established the
goal of eliminating the use of sub-minimum wage payments to
people with disabilities. Could you please share your policy
views on sub-minimum wage employment from the perspective of
the EEOC?
Ms. Gilbride. Thank you for that question. This is--well, I
will preface the rest of my answer by saying that the policy
position of the EEOC is something that would be set by the
Commissioners, and I wouldn't want to intrude upon their
province, but it is something that I personally feel strongly
about and have experience working on.
I have litigated a case on behalf of workers with
disabilities in New Mexico who were paid sub-minimum wage in
accordance with the program that you are speaking about--under
14(c) of the Fair Labor Standards Act.
We brought that case under state law, arguing that they
were not paid in accordance with the state minimum wage.
Several states have changed their laws to prohibit subminimum
wage employment. I am aware of your efforts at the Federal
level.
As, you know, I would be--look forward to the opportunity
as the role of General Counsel would allow, which is primarily
a litigation role, but I would look forward to working
collaboratively with the Department of Labor, with the
Commissioners, with others in the Federal Government, including
with your office, and looking at the implications that sub-
minimum wage work and the conditions that people who are being
paid less than the minimum wage impose on people with
disabilities, and that interface with the equal employment
opportunity laws, the anti-discrimination laws that EEOC is
charged with enforcing. I would very much look forward to that
opportunity.
Senator Casey. Thanks very much.
Senator Smith. Thank you, Senator Casey.
Senator Kaine.
Senator Kaine. Thank you, Senator Smith. And
congratulations to the two nominees. Ms. Gilbride, I think I am
going to spend my time talking with you about disability
enforcement in the EEOC, particularly with respect to the
increase in the number of folks who are experiencing disabling
conditions as a result of COVID. Fiscal Year 2020, disability
discrimination accounted for the second most cited claim of
charges in the EEOC, about 36 percent of all charges filed.
The pandemic has been a very large, mass disabling event
for millions of people. In January, EEOC updated its COVID-19
guidelines--I am sorry, technical assistance, adding a new
section to clarify under what circumstances COVID-19 could be
considered a disability under the ADA and the Rehab Act.
The update also gave examples illustrating how an
individual diagnosed with COVID-19 or a post-COVID condition
could be considered to have a disability under the laws of the
EEOC, nondiscrimination provisions, when they might be entitled
to reasonable accommodations at work. I think this is going to
be a huge issue for us going forward.
It is not all--the number of people with COVID related
conditions is very troubling. It is not all bad news, though,
because during the pandemic, we learned to do things like
telework that we weren't doing before that actually may offer
some opportunities for workers with disabilities and not only
those suffering from COVID.
But if you are confirmed, how in your role would you
prioritize this issue working across agencies to develop
consistent positions about COVID conditions and long COVID with
respect to the Nation's disability laws?
Ms. Gilbride. Thank you for the question, Senator Kaine. I
agree with you that the COVID-19 pandemic, and particularly the
persistence of long COVID in a large percentage of the
population is something that we are still sort of getting our
minds around and how that is going to change the workplace, how
it is going to change many facets of our society.
I also agree with the point that you made about remote work
and how it has really opened up opportunities for people to
work in a more flexible way. I applaud some of the increased
flexibility that we are seeing.
I think we are still, again, sort of figuring out what long
term implications that will have for the way that work is
performed. I think those opportunities are exciting. And what I
would do if I were confirmed as General Counsel would be to
consult with stakeholders, both within the EEOC--and that also
is filtering the facts that are coming in on the ground.
What sorts of charges are coming in related to disability
and COVID? What are investigators and those in the field
offices who are handling those charges, what are they seeing?
Also to discuss with the Commissioners and others on the
policy side of the EEOC about sort of trends and the technical
assistance that has already been issued and any additional
changes that would need to be made to that as the situation
continues to evolve.
I look forward to working--will look forward to working
across agencies as well to figure out how the Government could,
in a coordinated way, sort of adjust and adapt to some of those
changing realities that we are still in the midst of
experiencing with regard to COVID.
I look forward to learning more and to working with others
to craft an appropriate course to respond to that situation.
Senator Kaine. One of the things that I think is going to
be challenging--I was a civil rights lawyer before I got into
elected politics and did Title VII and EEOC cases, and the sort
of general gravamen of some of our employment laws as we want
people to be treated equally at work. And yet not every kind of
work is equal.
This Committee has grappled with issues, for example, that
Federal agencies were adopting some uniform policies about
telework, but that meant that they weren't doing in-person
inspections of the facilities that were making infant formula.
One of the things that led to the infant formula challenge
was the kind of decision to have a lot of those inspectors do
telework because other people in their agencies were doing
telework as well. And so for different jobs telework is great.
There are some jobs where in person is absolutely
necessary. Is that treating employees differently? I mean, I
think this is really going to be a thorny little area, but the
millions of people who are dealing with post-COVID conditions
deserve to be treated fairly and deserve to have opportunities
to work under reasonable conditions.
This is going to take a focus on fairness, but also a
willingness to individualize and be flexible depending upon
what the job is. And you have a solid background in this area,
not an easy one, but I trust that you will be able to acquit
that responsibility well. Thank you.
Senator Smith. Thank you, Senator Kaine.
Senator Rosen.
Senator Rosen. Well, thank you, Chairwoman Smith. I
appreciate you. And thank you to the nominees for your
willingness to serve and being here to answer our questions
today. And so I want to talk a little bit about the EEOC report
on women and STEM, because I am pleased that following this
Committee's EEOC Commissioner nomination hearing in May, the
Commission heeded my call to increase data transparency on
incidents of gender bias against women working in STEM fields.
In July, it released a wide ranging report on women working
in STEM jobs in the Federal Government, finding that women
account for only 29 percent of Federal workers in STEM fields,
and only 25 percent of STEM leadership roles in the Federal
Government.
More concerning is that general--generalized harassment was
a significant issue for women with nearly 2,000 harassment
complaints filed in Fiscal Year 2019. That is why I am so glad
that the recently passed Chips and Science Act included
provisions I supported to address sexual, and sex based
harassment in science.
So, Ms. Gilbride, if confirmed as EEOC's general counsel,
how are you going to prioritize enforcement action to improve
protections for women working in STEM careers not only in the
Federal Government, but across the private sector as well?
Ms. Gilbride. Thank you for that question, and thank you
for your leadership on this issue, which I agree is very
important. I am glad that the report has helped to really shine
a light on some of the specific problems that women in the STEM
fields are facing in the Federal Government.
What I would do if confirmed as General Counsel would be to
consult with the stakeholders at the Commission and with other
people who had expertise in this area, such as yourself, to
really understand what some of the pervasive challenges and
barriers are. Certainly if identified harassment is one, which
unfortunately is a very persistent and pervasive problem that
affects women and men in many sectors of the economy, and I
would make combating harassment in the workplace a priority if
I were to be confirmed.
I think there are several tools that can be used to combat
it, including outreach and education, and working with
employers about how to change climates and be attentive to the
climate in the workplace to prevent harassment from occurring
or stamp it out quickly, if there are reports of harassment.
I would also look closely at whether particular charges of
harassment can be consolidated and resolved through informal
resolution and would also use the tool of litigation when
necessary to try to send a strong message that harassment is
not tolerated in the workplace, and that is something that the
agency takes seriously as part of its charge of ensuring equal
opportunity.
I would certainly do that with respect to the STEM fields,
including other sectors of the economy where harassment is
unfortunately still very widespread.
Senator Rosen. Well, that is great because we know there is
sexual harassment, but there is also hate and violence in the
workplace. I would like to talk about addressing the anti-hate
Asian hate and violence in the workplace.
Ms. Gilbride, I discussed with Ms. Kotegal during her
confirmation hearing in May that we have seen an unfortunate
rise in crimes and reports of bias motivated harassment against
Asian American and Pacific Islander communities over the last
two or 3 years.
AAPI owned businesses have been targeted for
discrimination, including in my State of Nevada, which is home
to more than 21,000 Asian owned businesses. We are also one of
the fastest growing AAPI populations in the country in
Southern--in Nevada.
It is just all too common for individuals in our AAPI
community to face harassment, discrimination, or even violence
both inside and outside the workplace. So again, building on
what you answered on the last question, if confirmed, how would
you use your office to address the increase in anti-Asian
violence and discrimination?
Ms. Gilbride. Well, hate and violence have no place in the
workplace in the United States. I would take those incidents
extremely seriously. I know that where business owners are
targeted, as you mentioned employers are often the victims of
this type of violence and hate, unfortunately, as well.
I would want to work closely with the employer community
and with the Asian and Pacific Islander community and advocates
in that community to think as a group about what can we do to
be helpful, what could the agency do to be helpful in that
space, to eradicate that scourge of violence.
Because it is not what we what we want for this country,
and I would make that a high priority, if I were to be
confirmed in this role.
Senator Rosen. Thank you. I have more questions on pay
equity and others. I will submit those for the record. Thank
you, Madam Chair.
Senator Smith. Thank you, Senator Rosen.
Senator Hickenlooper.
Senator Hickenlooper. Thank you, Madam Chair. And thank
both of you. I have been kind of going out seeing little
snippets of this. It sounds like I have--I am going to have a
lot of catching up to do tonight.
Ms. Looman, when I was Governor in Colorado, we set up a
task force to share information and improved investigations
into worker misclassification and basically what ended up being
tax fraud within the construction industry. We did this because
law abiding companies, their workers--I think the taxpayers are
being undercut by these under the table payments and in other
ways skirted the law.
How do you plan to collaborate and reinforce state efforts
in regard to this, and other not just state efforts, but other
stakeholder efforts to address worker misclassification?
Ms. Looman. Thank you, Senator. And we currently have in
the Wage and Hour Division and are very proud to work with
Colorado under a memorandum of understanding. Also a memorandum
of understanding, I was--had the opportunity in Minnesota to
work with the Wage and Hour Division to address
misclassification.
Very familiar with how we can really think about our
partnerships with state as a force amplifier, a force
multiplier, if you will, in terms of identifying and ensuring
that we are providing the best worker protections possible.
I also share that we have really had great success in the
Wage and Hour Division, and also my work in State Government,
thinking about how we can address misclassification, wage
theft, insurance fraud in the construction industry in
partnership with different agencies who have different roles
and I think different types of worker protections.
I think that the partnership, the relationships between
states and local Government, and the Federal Wage and Hour
Division can be really impactful. And if confirmed, I would
continue to prioritize those relationships and making sure that
we are leveraging all of the worker protection agencies and
focus that we can have across the country to really address
those issues, to your point.
Because responsible employers, particularly responsible
employers in the construction industry, are very much at a
competitive disadvantage when other businesses are
misclassifying construction workers as independent contractors.
Senator Hickenlooper. I remember when I first ran for
Governor of Colorado in 2010, and I heard several stories to
the same effect. But the one that just stuck in my mind was a
man who was 55 or 56, 57, somewhere in there, about same age I
was at the time, and he had a commercial painting company,
pretty much his whole life. He would put three kids through
college, and yet he paid--he did everything above the board. He
paid everybody with a payroll check, and he paid the taxes that
were owed, and he could not compete.
The changes that happened in the early 2000's drove him out
of business and he was sleeping on the couch in his daughter's
basement. And it just, when the people that are out--the small
businesses that have helped create the country we know and
love, when they can't compete fairly, I think it is up to the
rest of us to make sure we do something about it. I am glad to
hear you are up for that.
Collaborating with the states is a great way to go about
that. Ms. Gilbride, our team has heard from the Denver field
office that their case loads are becoming overwhelming due to
the understaffing, budget constraints, limited resources.
How important is it, Ms. Gilbride, for the field staff
helping the EEOC stop unlawful employment discrimination and
the General Counsel's Office to litigate cases? I mean, how
critical is that?
I am giving you a chance to wax poetic on this. And what
can we do to address the staffing issues and really reduce the
amount of time it takes to resolve complaints?
Ms. Gilbride. Thank you for that question. The field staff
are on the front lines of the agency's efforts to make sure
that the workplace is fair and inclusive and a welcoming space
for everyone.
If they don't have the resources that they need to do their
job, then unfortunately, workers who are relying on the EEOC
are the ones who suffer for that.
What I would hope to do, if I were confirmed as General
Counsel, would be to talk to all of the regional attorneys in
the field offices and really get a grasp for what are they
dealing with, what are the challenges, and what are their
needs, and what can I do as head of the Office of General
Counsel to make sure that they have what they need in order to
do their critical work on behalf of the America's workers.
Senator Hickenlooper. Great. Perfect. What was the name of
your dog, again?
Ms. Gilbride. My dog, April is----
Senator Hickenlooper. Dog, April. I guess there is no way
we can get the camera to show April who faithfully sitting at
the feet of her master's. But obviously, you will be a dynamic
team. I look forward to working with you.
Ms. Gilbride. Thank you so much, Senator.
Senator Smith. Thank you, Senator Hickenlooper. Do any
other Members have any questions, any additional questions they
would like to ask? Well, in that case, thank you to our
nominees for being here today and for providing your testimony.
For Senators who wish to submit questions for the record,
those questions are due 1 week from today, which will be
Tuesday, September 20th. Again, thank you to our nominees for
being here today.
And with that, this hearing is adjourned.
ADDITIONAL MATERIAL
______
Letters of Support and Opposition to Jessica Looman
______
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.
Dear Chair Murray and Ranking Member Burr:
Earlier this week, the Health, Education, Labor, and Pensions
Committee held a hearing of the nomination of Jessica Looman to serve
as Administrator of the Wage and Hour Division (WHD) of the Department
of Labor. While NRF takes no position on her qualifications for the
position, the Committee should be aware of the potentially problematic
regulatory changes being pursued by the WHD under the direction of Ms.
Looman, namely her attempts to alter the independent contractor
standard, joint employer standard, and overtime pay requirements under
the Fair Labor Standards Act (FLSA).
NRF is the world's largest retail trade association, representing
discount and department stores, home goods and specialty stores, Main
Street merchants, grocers, wholesalers, chain restaurants and Internet
retailers from the United States and more than 45 countries. Retail is
the Nation's largest private sector employer, supporting one in four
U.S. jobs--52 million working Americans. Contributing $3.9 trillion to
annual GDP, retail is a daily barometer for the Nation's economy. The
retail industry provides opportunities for lifelong careers,
strengthens communities and plays a critical role in driving
innovation.
On June 3, 2022, WHD announced that the agency would soon be
promulgating a notice of proposed rulemaking creating a new independent
contractor standard under the FLSA. The rulemaking is expected to make
it more difficult for workers to work independently by limiting who can
qualify as an independent contractor. This policy change is being
pursued despite significant evidence that workers want the flexibility
and autonomy that comes with independent contractor status. In this
post-pandemic environment, independent work arrangements are more
popular than ever. Unfortunately, WHD's new proposed rulemaking will
make such arrangements more difficult, limiting workers' flexibility,
autonomy, and right to choose their path to success.
WHD has also announced its intention to alter the overtime pay
requirements under the FLSA. Reports indicate the agency will
potentially increase the minimum salary threshold under which workers
must be paid overtime, create automatic updates for the threshold, and/
or alter the duties test used to determine if a worker's
responsibilities qualify them for an exemption. Changes to this area
will be particularly impactful upon entry-level managers who are
actively gaining experience and expertise in the hopes of soon moving
up the ladder to higher-level managerial positions.
The rule changes will needlessly force millions of these workers
back on the clock, regardless of their preference. Such workers will
lose the flexibility and dignity that managerial status provides. They
will fail to benefit from countless educational and advancement
opportunities. Moreover, the ability of the regulated community to
comply with these new rules will be significantly impacted by COVID-
19's changes to the American workforce and workplace. In the wake of
the pandemic, more workers than ever before are working remotely and
expecting maximum flexibility from their employers regardless of their
exemption status. At the very least, WHD should fully understand and
carefully consider these changes to the workplace before pursuing a new
rulemaking.
Finally, WHD has indicated it plans to alter the joint employer
standard used to determine if two or more employers are jointly
responsible for the essential terms and conditions of employment over a
shared group of employees. Joint employer status comes with substantial
liabilities and obligations under the law. The agency is expected to
significantly expand the standard so that even indirect or unexercised,
reserved control over terms and conditions of employment could trigger
joint employer status. This will have a devastating effect on the
economy, as larger employers fear potential liabilities,
disincentivizing them from contracting, franchising, or licensing with
small and/or local businesses.
NRF maintains that the wage and hour regulatory efforts outlined
above could cause significant economic upheaval. At the least, they
will create confusion for retailers as they struggle to address
workforce shortages, supply chain disruptions, and lingering
inflationary pressures.
NRF appreciates the Committee's attention to this matter and
respectfully requests that this letter be included in the official
record of the hearing.
Sincerely,
David French,
Senior Vice President,
Government Relations.
______
Association of Union Constructors (TAUC).
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.
Dear Chair Murray and Ranking Member Burr:
The Association of Union Constructors (TAUC) would like to express
our strong support for the confirmation of Jessica Looman to be
Administrator of the United States Department of Labor's Wage & Hour
Division (WHD).
TAUC represents over 1,800 union construction firms engaged in
industrial maintenance and heavy construction and is the largest multi-
craft union contractor association in America. Our mission is to serve
as an advocate for contractors who utilize union craftworkers, and to
enhance cooperation between the three entities involved in the
successful completion of construction projects: the contractor, the
building trades union, and the owner-client. This ``tripartite
dialog,'' facilitated by TAUC, delivers the cost-effective, high-
quality construction demanded by our members' owner-clients.
The WHD is critically important to TAUC contractors, who are
committed to investing in workforce development and providing middle
class family sustaining wages and benefits to their workers. Our
members believe that contractors should compete for construction work
based on who can deliver the highest quality and productivity, not who
can find the cheapest workforce. As such, it is vital that WHD have an
experienced and knowledgeable leader like Ms. Looman to ensure
contractor compliance with Federal labor law.
TAUC has had the opportunity to work closely with Ms. Looman during
her tenure as Deputy Administrator and Acting Administrator of the WHD.
She has made herself and senior WHD officials available to engage all
stakeholders to answer questions and provide compliance guidance
related to Federal wage and hour law. Throughout these interactions,
which included representatives of labor and both union and non-union
contractors, we have witnessed firsthand her openness to listen to and
consider the perspectives of all stakeholders. We have also seen her
commitment to ensuring a level playing field for law abiding
contractors through compliance with the rule of law.
Having served as both Commissioner of the Minnesota Department of
Commerce and as Executive Director of the Minnesota Building and
Construction Trades Council, Ms. Looman brings a balanced approach to
understanding both the labor and management perspective to improving
compliance with Federal wage and hour laws. This experience gives her
an understanding of the need to advance construction quality while
ensuring compliance with Federal labor standards without unduly
overburdening employers and ensuring that contractors who pay their
workers middle class wages and benefits and investment in their
workforce can continue to successfully compete for construction work.
TAUC looks forward to partnering with Ms. Looman on issues of
importance to the union construction and maintenance industry and urges
the committee to act quickly to confirm her nomination as Administrator
of WHD.
Very sincerely yours,
Daniel M. Hogan,
Chief Executive Officer.
______
Sheet Metal and Air Conditioning Contractors',
National Association (SMACNA).
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.
Dear Chair Murray and Ranking Member Burr:
The Sheet Metal and Air Conditioning Contractors' National
Association (SMACNA) is supported by more than 3,500 construction firms
specializing in industrial, commercial, residential, architectural and
specialty sheet metal and air conditioning construction in public and
private markets throughout the United States. On behalf of SMACNA, I
want to express our strongest and most enthusiastic endorsement for
Jessica Looman to serve as Administrator of the US Department of
Labor's Wage and Hour Division (WHD). Over many decades of reviewing
candidates for Federal appointments, SMACNA has very rarely endorsed a
nominee for Federal office. However, we make a special exception to
support Jessica Looman to be WHD Administrator due to years of
appreciation for her dedication and ability as well as our first-hand
experience viewing her fairness, judgment, and professionalism at the
state and Federal levels. Our member corporations have appreciated her
work up close, from her service as Minnesota Commissioner of Commerce,
Assistant and Deputy Commissioner of the Minnesota Department of Labor
and later as Executive Director of the Minnesota State Building and
Construction Trades Council. She is a gifted public servant and would
bring a high level of credibility, accountability, and transparency to
a most challenging role at the Department of Labor, as the
Administrator of the Wage and Hour Division.
Ms. Looman has made significant progress on important goals most
labor and management organizations support, from expanding construction
career pathways to including greater diversity and inclusion in the
construction industry to protecting the physical and financial health
of the construction workforce. In addition, in Minnesota she worked to
increase private and public investment in construction infrastructure,
an effort benefiting contractors and workers alike as well as the
Minnesota taxpayer. During tenure at the Minnesota and US DOL she
actively supported increasing construction workforce training quality,
public project safety and productivity. Three high priority policies
for our member corporations and skilled workers include: reforming the
Nation's prevailing wage laws, enforcing construction worker
misclassification rules, and reforming and enforcing registered
apprenticeship standards. On these long ignored regulatory matters she
has earned the trust of our industry and introduced policy proposals
important to our thousands of firms and their hundreds of thousands of
highly skilled construction trades employees.
SMACNA members and allied quality driven contractors agree with the
nominee that any major investment in public infrastructure should
recognize the extreme importance and merit in building a larger skilled
workforce, enforcing independent contractor rules, and paying locally
prevailing wages as part of any quality based public procurement
policy. We also endorse the Department of Labor Wage and Hour
Division's view that Federal, state, and local prevailing wage laws
should encourage employers to:
Pay a locally prevailing wage
Offer health care coverage to their employees and
their families
Provide for the future retirement of their employees
and
Make a significant investment in the registered
apprenticeship training and safety programs producing an
unmatched productive and safety conscious workforce.
From years of experience with Ms. Looman's leadership and service
in Minnesota and at DOL, SMACNA member firms have learned to appreciate
her commitment to expanding the skilled workforce, enforcing labor laws
and regulations to provide a level playing field for all employers,
including those providing quality wages, benefits, and training.
Further, we know that her continuing Federal commitment to the payment
of prevailing wages and benefits is not designed as a union versus
nonunion issue competition. According to many Department of Labor
reports, most Davis-Bacon wage decisions for Federal projects have paid
less than the union wage. Ms. Looman supports fair and balanced reforms
to the prevailing wage laws to prevent the Federal Government from
undermining local economies and prevailing local employment and
training practices by reflecting local conditions. For that reason, we
found general agreement and support for the Wage and Hour Division's
draft rules the WHD issued in May boosting compliance assistance to
employers as part of reforming the Davis-Bacon Act. Under Ms. Looman's
guidance, the draft rules, if adopted, would offer public construction
projects far greater productivity by using a trained, skilled workforce
completing highly complex construction projects faster and with better
quality.
In summary, SMACNA views Ms. Looman as a highly competent, first-
rate administrator supportive of a construction industry where quality
driven firms are not disadvantaged when bidding Federal projects
because they offer their employees locally prevailing wages, health
care, pensions, and registered apprenticeship training opportunities.
For that reason and many more, we endorse Jessica Looman to be the
Administrator of the Wage and Hour Division at the US Department of
Labor. Thank you for considering our views of this highly talented and
qualified nominee. Do not hesitate to contact our association should
you need our assistance to better support Ms. Looman or to promote
construction quality, productivity, skilled workforce training and
project safety.
Sincerely,
Stanley E. Kolbe, Jr.,
Executive Director,
Government and Political Affairs,
SMACNA--Capitol Hill Office.
______
North America's Building Trades Union (NABTU),
Alpharetta, GA 30004,
September 9, 2022.
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.
Dear Chair Murray and Ranking Member Burr:
On behalf of the over 3 million skilled craft professionals that
comprise North America's Building Trades Unions (NABTU), I write in
strong support of the nomination of Jessica Looman to serve as the
Administrator of the Wage and Hour Division (WHD) at the U.S.
Department of Labor.
In her current role as Principal Deputy Administrator, Ms. Looman's
work has demonstrated a level of excellence in carrying out the mission
of the WHD. She has recovered millions of back wages for workers and
expanded employer assistance to increase compliance with labor
standards. She has diligently worked to increase transparency and
accountability with the Department's programs and initiatives.
Furthermore, under her leadership, WHD has proposed a rule to
strengthen and modernize the Federal prevailing wage regulations that
will protect the wages of construction workers and strengthen
enforcement.
As a proud building trades member and former Executive Director of
the Minnesota State Building and Construction Trades Council, Ms.
Looman has always prioritized the welfare of workers, a key tenant of
WHD's mission. Furthermore, her accomplished experience as the
Commissioner of the Minnesota Department of Commerce, as well as both
Assistant and Deputy Commissioner of the Minnesota Department of Labor
and Industry, has driven economic progress for both labor and business.
In closing, we are confident that she will continue to fiercely
advocate for all workers and their employers while ensuring compliance
with Federal policies under her jurisdiction. We urge strong bipartisan
support for her nomination as well as a swift confirmation by the
Committee and Senate.
Sincerely,
Sean McGarvey,
President,
North America's Building Trades Union (NABTU).
______
Associated Builders and Contractors.
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.
Dear Chair Murray, Ranking Member Burr, and Members of the Senate
HELP Committee:
On behalf of Associated Builders and Contractors, a national trade
association with 68 chapters representing more than 21,000 members, I
am writing to express our concerns with recent rulemaking and proposals
from the U.S. Department of Labor's Wage and Hour Division as you
consider the nomination of Ms. Jessica Looman. ABC urges the committee
to ensure that as administrator of the Wage and Hour Division, Ms.
Looman takes into consideration the serious concerns from the
construction industry on forthcoming rulemakings, such as the
independent contractor rule, the overtime rule and radical reforms to
Davis-Bacon regulations that will increase the cost of taxpayer-funded
construction projects and discourage small businesses from rebuilding
America.
Earlier this year, the DOL WHD proposed more than 50 significant
changes to existing regulations affecting how the agency determines,
requires and enforces prevailing wages on covered taxpayer-funded
construction contracts. In its proposed rule, the DOL estimates Davis-
Bacon Act regulations apply to $217 billion in Federal and federally
assisted construction spending per year--which is roughly 63 percent of
all public construction put in place and provide government-determined
wage rates for an estimated 1.2 million U.S. construction workers.
Because the proposed rule will have far-reaching effects on local,
state and Federal Government procurement stakeholders, taxpayers, ABC
members and other construction businesses pursuing contracts and
building Federal and federally assisted construction projects urged the
DOL to extend the current 60-day comment period deadline of May 17 to
provide adequate time to analyze the proposal, solicit member feedback
and provide meaningful input on the proposal. On April 22, the
extension request was arbitrarily and capriciously denied without
adequate explanation by the WHD, in violation of the Administrative
Procedure Act.
ABC urges the committee to obtain a commitment from Ms. Looman to
provide an adequate explanation. ABC further requests that Ms. Looman
ensures that WHD will consider the comments submitted by ABC and other
construction organizations that have highlighted the new rule's
failures. These criticisms include the rule's failure to fix the
systematic errors within the DOL's wage determination process,
elimination of prior reforms that had increased the accuracy of wage
determinations, further expansion of DBA regulatory burdens that will
increase costs for more taxpayer-funded construction projects and
failure to provide regulatory clarity to impacted contractors and
stakeholders.
ABC also remains concerned with the proposed rule on independent
contractors under the Fair Labor Standards Act that is currently under
review at the Office of Information and Regulatory Affairs at the
Office of Management and Budget. ABC has met with OMB and DOL staff to
discuss its concerns with the new proposed rule and the importance of
independent contractors to the construction industry. They provide
specialized skills, entrepreneurial opportunities and stability during
fluctuations of work common to construction.
ABC and other co-plaintiffs successfully sued the DOL to vacate
last year's independent contractor delay and withdrawal rules. As a
result of the decision, the Jan. 7, 2021, final rule has now gone into
effect, clarifying and simplifying the longstanding economic reality
test based on an exhaustive analysis of cases applying that test around
the country, along with other traditional factors. ABC believes the
Jan. 7 rule provides clearer guidance to the regulated community
regarding the interplay of these factors and that the committee should
urge the next WHD administrator to let it stay in effect long enough to
work. The current rule will reduce the degree of litigation chaos that
has bedeviled the regulated community, promoting badly needed economic
growth and protecting legitimate independent contractors and employees
alike.
Should WHD pursue a new rule, a full comment period and adequate
deliberation and consideration of the comments must be required along
with an explanation of how a new rule will better promote economic
growth, provide better guidance than the current rule and recognize the
continuing importance of independent contractor classifications in
construction and other industries. ABC urges the committee to receive
these assurances from Ms. Looman during her nomination hearing.
Finally, ABC remains concerned about WHD moving forward with an
overtime proposal and urges the committee to support postponing any
proposed changes to the current rule, which increased the minimum
salary threshold only 3 years ago.
WHD should also recognize the lingering economic consequences of
the COVID-19 pandemic and the negative impact more regulation will have
on the construction industry that currently face historic global supply
chain disruptions, rising materials prices and a current workforce
shortage of 650,000.
A sweeping change to overtime pay regulations will further
complicate this current situation and could have unintended effects of
restricting employee workplace flexibility in setting schedules/hours,
hurting career advancement opportunities for employees, negatively
affecting employee morale, significantly increasing both legal and
operational compliance costs and making it harder to fill the critical
construction jobs needed.
ABC appreciates the HELP Committee's important attention to these
critical matters for the construction and numerous other industries
affected by these Federal rules and regulations and hopes that the
committee is able to receive these critical assurances from Ms. Looman
as she seeks to lead the WHD in the coming years.
Sincerely,
Kristen Swearingen,
Vice President,
Legislative and Political Affairs.
______
American Federation of State,
County and Municipal,
Employees (AFSCME).
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.
Dear Chair Murray and Ranking Member Burr:
On behalf of the 1.4 million members of the American Federation of
State, County and Municipal Employees (AFSCME), I urge you to support
the nomination of Jessica Looman as the Administrator of the Wage and
Hour Division for the Department of Labor.
Ms. Looman has an extensive background in employment, labor and
workplace law and policy and is very well qualified for this important
role. Her work since the beginning of the Biden administration as the
Principal Deputy Administrator has shown her expert judgment and keen
understanding of the issues facing the Wage and Hour Division.
Her background in both labor unions and Minnesota state government
provided an important foundation for tackling the challenges faced by
workers across different sectors. As the Executive Director of the
Minnesota State Building and Construction Trades Council, she worked to
diversify construction career pathways, advocated for worker safety,
and helped improve investment in construction infrastructure.
Prior to this role, she served in multiple state government
capacities in Minnesota, both as the Commerce Commissioner and the
Deputy Commissioner and the Assistant Commissioner for the Minnesota
Department of Labor and Industry (DLI). Ms. Looman understands how the
Wage and House Division can make an enormous difference for workers
across the country. Ms. Looman will surely protect and advance the
rights of working people that they deserve and are guaranteed under the
law.
AFSCME strongly endorses the nomination of Jessica Looman as
Administrator of the Wage and Hour Division for the Department of
Labor. We urge you to vote to quickly confirm her for this important
position.
Sincerely,
Edwin S. Jayne,
Director of Federal Government Affairs.
______
International Union of
Bricklayers and
Allied Craftworkers,
September 12, 2022.
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.
Dear Chair Murray and Ranking Member Burr:
I am writing in strong support of the nomination of Jessica Looman
to be Administrator of the Wage and Hour Division (Wage and Hour) of
the U.S. Department of Labor (DOL).
Jessica currently serves as the Principal Deputy Administrator at
Wage and Hour, where she has served for nearly 2 years. She has
demonstrated exceptional leadership in this position, as well as a
thorough understanding of the many complex issues in the jurisdiction
of the agency.
She came to DOL with extensive experience in government relations,
Federal and state labor and employment law and executive agency
leadership. She has served in several high-level positions in the
government of the State of Minnesota, including time as Commissioner of
the Minnesota Department of Commerce and Deputy Commissioner of the
Minnesota Department of Labor and Industry.
Jessica has also gained valuable experience as General Counsel to
the Laborers District Council of Minnesota and North Dakota, and
Executive Director of the Minnesota State Building and Construction
Trades Council.
She received a B.A. in Political Science and Government at the
George Washington University, and a J.D. at the University of
Minnesota. Jessica's education and work experience make her ideally
suited for the position of Administrator of Wage and Hour at DOL.
Throughout her career, she has demonstrated excellence and the ability
to listen to all stakeholders involved in public policy development and
implementation. On behalf of the International Union of Bricklayers and
Allied Craftworkers, I am honored to give Jessica Looman my highest
recommendation, and I urge the Senate to promptly vote in favor of her
nomination.
Sincerely,
Timothy J. Driscoll.
______
International Association of
Sheet Metal, Air, Rail and
Transportation Workers,
11750 New York Avenue, NW,
Suite 600,
Washington, DC 20006,
September 9, 2022.
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.
Dear Chair Murray and Ranking Member Burr:
On behalf of the International Association of Sheet Metal, Air,
Rail and Transportation Workers (SMART), and our over 203,000 union
members, we urge you to swiftly confirm the nomination of Jessica
Looman to be Administrator of the U.S. Department of Labor's Wage and
House Division.
SMART is one of North America's most dynamic and diverse unions
with 203,000 members. SMART's members produce and provide the vital
services that move products to market, passengers to their destinations
and ensure the quality of the air we breathe. Our members include sheet
metal workers, service technicians, bus operators, engineers,
conductors, sign workers, welders, production employees and more. With
members in scores of different occupations, we advocate for fairness in
the workplace, excellence at work and opportunity for all working
families.
We strongly support Jessica Looman's nomination. In her role as
Principal Deputy Administrator and Acting Administrator of the Wage and
Hour Division, she has overseen an extensive regulatory agenda,
recovered millions of back wages for workers, proposed ways to
strengthen and modernize Federal prevailing wage regulations and
expanded employer assistance to increase compliance, transparency, and
accountability with Department of Labor programs.
Ms. Looman has an extensive history working on these issues. Prior
to joining Department of Labor, she served as Executive Director of the
Minnesota State Building and Construction Trades Council and as
Commissioner of the Minnesota Department of Commerce and Assistant and
Deputy Commissioner of the Minnesota Department of Labor. Throughout
all her roles, she has prioritized fairly enforcing our laws and
raising labor standards and conditions to make economic progress for
both labor and industry.
Ms. Looman's commitment, leadership and expertise on labor and
worker rights, make her the right choice for this position. We urge you
to quickly confirm her nomination.
Sincerely,
International Association of
Sheet Metal, Air, Rail and
Transportation Workers.
______
Laborers' International,
Union of North America (LIUNA),
July 28, 2022.
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.
Dear Chair Murray and Ranking Member Burr:
On behalf of the 500,000 men and women of the Laborers'
International Union of North America (LIUNA), I write to
enthusiastically support the nomination of Jessica Looman, a proud
member of our great union, to be the Administrator of the Wage and Hour
Division (WHD) of the U.S. Department of Labor. LIUNA asks you to vote
in favor of her nomination as soon as possible.
As a dedicated public servant, she has served the Department of
Labor as the Acting Administrator and Principal Deputy Administrator of
the Wage and Hour Division. Under her leadership, the Wage and Hour
Division has instituted a range of programs and reforms to ensure full
compliance with Federal wage and hour laws. Her diligent oversight has
resulted in millions of dollars in back wages being recovered for
workers, and the new Workers Owed Wages online system modernized the
process to make sure workers can be connected to the wages they are
owed. WHD has also expanded assistance to the employer community,
including the creation of sector-specific toolkits, to help employers
understand and comply with Federal wage and hour laws. It has also
published an online enforcement data system to promote transparency and
accountability.
Her office has drafted a critically important proposed rule to
modernize Davis-Bacon prevailing wage regulations. The proposal will
improve enforcement tools, address construction wage theft and
misclassification, protect workers from retaliation, and improve the
process for determining local wages. She also oversaw the final rule
implementing President Biden's executive order on Federal contractor
minimum wage ensuring public service workers are paid no less than $15
an hour. And currently, she is overseeing an important proposed rule
that will improve the retention of service contract workers. The rule
will prevent disruptions in Federal services and makes it easier for
employers to find trained workers.
Jessica Looman has a long history as a talented and experienced
administrator, bringing unions and their employer partners together. In
addition to her time leading WHD, she served as the Commissioner of the
Minnesota Department of Commerce and Assistant and Deputy Commissioner
of the Minnesota Department of Labor. Prior to her service in Minnesota
government, she served as the General Counsel for the Laborers'
District Council of Minnesota and North Dakota, as well as the
Executive Director for the Minnesota Laborers-Employers Cooperation and
Education Trust (LECET). In all of these roles, she brought labor and
employers together to grow the economy and create good family
supporting jobs.
For all of these reasons, LIUNA believes that she is the best
person for the job of Administrator of the Wage and Hour Division of
the U.S. Department of Labor, and we ask that you vote in favor of her
nomination.
With kind regards, I am,
Sincerely yours,
Terry O'Sullivan,
General President.
______
Minnesota Drywall,
and Plaster Association (MDPA),.
September 8, 2022.
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.
Dear Chair Murray and Ranking Member Burr:
I am writing on behalf of the membership of the Minnesota Drywall
and Plaster Association (MDPA) to express our strongest support for the
nomination of Jessica Looman to the position of Administrator of the
United States Department of Labor's Wage & Hour Division (WHD).
MDPA is the leading wall and ceiling construction employer
association in Minnesota. Our members employ thousands of workers--
carpenters, drywall finishers, laborers and plasterers--who perform
tasks such as wall framing, drywall installation, plastering and
fireproofing.
MDPA's primary functions include representing its member-employers
in labor relations matters such as collective bargaining as well as in
state government relations matters.
Our organization is very familiar with Ms. Looman from her time in
the private sector leading Minnesota building trades unions and from
her time in public service as a leader of Minnesota State Agencies.
Throughout her career, MDPA has consistently found Ms. Looman to be
extremely competent, professional, and honest. She has always worked to
improve conditions for not only labor but also for honest employers.
Her appreciation for and understanding of these different perspectives
should not go unnoticed. From MDPA's perspective, it has been a
cornerstone of her success as a leader in the private and public
sectors.
While she was in the private sector, MDPA sat ``across the table''
from Ms. Looman in labor negotiations and dispute resolution efforts
during her time in the private sector. In that setting Ms. Looman was a
strong advocate for her organization while maintaining a commonsense
perspective that always supported positive labor-management relations.
While in public service, Ms. Looman was an effective leader who
genuinely considered the views of all parties involved. She did not
favor particular parties--instead, she performed her duties with the
utmost professionalism and with the greater good in mind. Her smart,
balanced perspective was always evident in her efforts.
______
United Association of
Union Plumbers and
Pipefitters (UA),
September 9, 2022.
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.
Dear Chair Murray and Ranking Member Burr:
On behalf of the more than 359,000 hardworking men and women of the
United Association of Union Plumbers and Pipefitters (UA), I write in
strong support of the nomination of Jessica Looman, current Acting
Administrator of the Department of Labor Wage and Hour Division, to
serve as Administrator. Acting Administrator Looman has proven to be a
tireless advocate and evenhanded arbiter protecting fair wages for
working families, and she will continue this important work once
confirmed.
Acting Administrator Looman has a strong track record of fighting
wage theft and standing up for working families. In this position, she
has brought a measured approach to ensuring more Americans have a fair
shot at success--and that begins with their ability to earn fair wages
for an honest day's work. Acting Administrator Looman led the most
significant expansion of Davis-Bacon prevailing wage laws in
generations with new rulemaking earlier this year, and she remains
committed to creating a level playing field that benefits all workers,
regardless of circumstance. Acting Administrator Looman has proven to
be a reliable partner as she has worked tirelessly to include
stakeholders in the policy process at all levels, ensuring the voices
of working families, like those of the United Association, are heard. I
have every confidence that once confirmed Administrator Looman will
continue this balanced and important work standing up to unscrupulous
contractors and protecting the ability of all Americans to earn fair
wages.
The entire United Association stands ready to continue our work
with Acting Administrator Looman and the entire Department of Labor to
create a level playing field and ensure more Americans earn fair wages
and benefits. We are proud to support Acting Administrator Looman's
nomination to lead the Wage and Hour Division, and we look forward to
her swift confirmation.
Sincerely yours,
Mark McManus,
General President,
United Association.
______
Letters of Support and Opposition for Karla Gilbride
______
National Employment Lawyers Association (NELA).
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.
Dear Chair Murray and Ranking Member Burr:
The National Employment Lawyers Association (NELA) writes to
express our strong support for the nomination of Karla Gilbride to
serve as General Counsel of the U.S. Equal Employment Opportunity
Commission (EEOC). Ms. Gilbride has dedicated her career to ensuring
equal access to justice under the law, and she has an exceptional
record as a litigator and advocate for workers, which she would bring
to bear as General Counsel at EEOC.
Since 1985, NELA has been the premier professional membership
organization for lawyers that represent workers in labor, employment,
and civil rights disputes. NELA members litigate in every Federal
district and circuit, advocating for equality and justice for workers
across the country. NELA members routinely work with the EEOC to
enforce anti-discrimination law and protect the rights of workers.
Ms. Gilbride is eminently qualified to serve as General Counsel of
the EEOC. In her hearing before the Senate HELP Committee on September
13, Ms. Gilbride's responses demonstrated her deep knowledge of the
issues for which the EEOC has responsibility and her strong commitment
to the mission of the agency. In addition, her measured and thoughtful
temperament and approach to problem solving were evident.
Ms. Gilbride has extensive experience as a litigator for the
protection of workers' rights at every level of the Federal judiciary.
For over 15 years, she has represented workers across industries--from
migrant farmworkers to women in the finance industry to prison
employees. She has represented many different clients, from many walks
of life, but her mission is always the same--to enforce workers' rights
to safe and equitable working conditions under the law.
Ms. Gilbride started her law career at Disability Rights Advocates,
bringing cases on behalf of students and residents to ensure equal
access to course materials, professional licensing exams, and emergency
services. She continued that work at the law firm of Mehri & Skalet,
PLLC, where she also brought cases under Title VII of the Civil Rights
Act of 1964 to protect her clients from workplace discrimination based
on religion, race, and sex.
Ms. Gilbride's commitment to fair and equitable treatment under the
law is evidenced in her consumer and wage and hour litigation efforts
as well. In her current role as the Access to Justice Co-Director at
Public Justice, Ms. Gilbride recently argued and won a unanimous
decision at the U.S. Supreme Court. The case involved a collective
action filed by an hourly employee of a Taco Bell franchise against her
employer alleging violations under the Fair Labor Standards Act for
failure to pay overtime wages. The employer engaged in the litigation
for nearly 8 months before attempting to force the employee out of
court and into a binding, confidential arbitration process. The Eighth
Circuit sided with the employer. In an important ruling for workers and
consumers, the Supreme Court reversed the Eighth Circuit, holding that
the Federal Arbitration Act ``does not authorize Federal courts to
invent special, arbitration preferring procedural rules,'' \1\ like the
one used against the fast-food worker in this case.
---------------------------------------------------------------------------
\1\ Morgan v. Sundance, 142 S. Ct. 1708 (2022)
Ms. Gilbride is a strategic advocate who takes a holistic approach
to pursuing policy goals. In keeping with her holistic approach, Ms.
Gilbride is focused on solutions and will appropriately consider
solutions to systemic problems that focus on education, training, and
systemic reform in addition to, or alongside litigation efforts. Ms.
Gilbride is also extremely well-equipped to coordinate regional and
field office litigation at EEOC to maximize enforcement of Federal
employment anti-discrimination laws in harmony with the broader
---------------------------------------------------------------------------
strategy of the agency.
Ms. Gilbride's exceptional experience, qualifications and
temperament, as well as her commitment to fairness and justice for
working people will make her an exceptional General Counsel at the
EEOC.
The importance of this agency to working people across the country
cannot be overstated. NELA strongly urges the Senate to promptly
confirm Ms. Gilbride. If you have any questions, or would like to
discuss these comments further, please contact Laura Flegel at
[email protected].
Sincerely,
Laura M. Flegel,
Legislative & Public Policy Director,
National Employment Lawyers Association National Employment Lawyers
Association.
Jeffrey A. Mittman,
Executive Director,
National Employment Lawyers Association National Employment Lawyers
Association.
______
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.
Dear Chair Murray and Ranking Member Burr:
The undersigned 44 civil rights, workers' rights, and gender
equality organizations write to express our strong support for the
nomination of Karla Gilbride to serve as General Counsel of the U.S.
Equal Employment Opportunity Commission (EEOC) and to urge the
Committee to advance this nomination to the Senate floor for a vote.
During her hearing before this Committee, Ms. Gilbride showed a
deep commitment to the mission of the EEOC as well as a profound
understanding of the responsibilities of the General Counsel. We have
no doubt that Ms. Gilbride will be an effective leader and
collaborator, working together with the commissioners to help ensure
equal opportunity for working people.
The EEOC is the only Federal agency specifically charged with
enforcing the Nation's Federal employment anti-discrimination laws,
including Title VII of the Civil Rights Act of 1964 (which includes the
Pregnancy Discrimination Act), the Equal Pay Act, the Americans with
Disabilities Act (ADA), and the Genetic Information Nondiscrimination
Act. The EEOC General Counsel manages the Commission's litigation
program, recommends cases to the Commission for litigation, and
oversees the EEOC regional and field offices, which are responsible for
investigating charges of discrimination and obtaining relief for people
that have been discriminated against. The General Counsel also plays a
role in advising the Commission on agency policies and enforcement
matters.
As an accomplished litigator with nearly 15 years of experience
advocating for the right of everyday people to enjoy equal opportunity
under the law, Ms. Gilbride is an exceptional choice to serve as EEOC
General Counsel. Ms. Gilbride has successfully litigated cases at every
level of the Federal judiciary, including the U.S. Supreme Court, and
has represented a diverse array of workers throughout her career,
including restaurant, \1\ slaughterhouse, \2\ and warehouse \3\
workers. Her background and experience would strengthen the EEOC's
enforcement efforts, ensuring that litigation is strategic, complements
other enforcement tools, and addresses systemic or egregious violations
of the law.
---------------------------------------------------------------------------
\1\ Howard v. Clyde's Restaurant Group, Inc., 1:11-CV-00687 (E.D.
Va. 2012).
\2\ Rural Community Workers Alliance v. Smithfield Foods, Inc.,
PUBLIC JUSTICE, https://food.publicjustice.net/case/rcwa-jane-doe-v-
smithfield/. (last visited Sept 6, 2022)
\3\ Palmer v. Amazon, PUBLIC JUSTICE,https://
www.publicjustice.net/case--brief/palmer-v-amazon/. (last visited Sept
6, 2022).
---------------------------------------------------------------------------
Throughout her career, Ms. Gilbride has focused on ensuring that
all individuals are able to enforce their legal rights, including under
our antidiscrimination and employment laws. For example:
As senior attorney and co-director of the Access to
Justice Project at Public Justice, Ms. Gilbride has
successfully challenged unfair mandatory, pre-dispute
arbitration agreements that prevent workers and others alleging
unlawful behavior from seeking their day in court.
In May 2022, argued and secured a unanimous decision
at the U.S. Supreme Court clarifying that Federal courts must
treat arbitration agreements like any other contract and may
not create rules to favor arbitration over litigation. \4\ In
that case, an hourly employee of a Taco Bell franchise filed a
collective action in Federal court against her employer
alleging violations under the Fair Labor Standards Act for
failure to pay overtime wages. The employer engaged in the
litigation for nearly 8 months before attempting to force the
employee out of court and into a binding, confidential
arbitration process. The Eighth Circuit sided with the
employer. In an important ruling for workers and consumers, the
Supreme Court reversed the Eighth Circuit, holding that the
Federal Arbitration Act ``does not authorize Federal courts to
invent special, arbitration-preferring procedural rules,'' \5\
like the one used against the fast-food worker in this case,
and sent the case back to the lower court.
---------------------------------------------------------------------------
\4\ Morgan v. Sundance, 142 S. Ct. 1708 (2022).
\5\ Id. at 1712.
While an associate at Mehri & Skalet, Ms. Gilbride
was part of the team representing over 500 women who worked for
the Federal Bureau of Prisons facility in Coleman, Florida. The
women alleged that their employer failed to protect them from
repeated, ongoing sexual harassment and misconduct by prison
inmates. The case ultimately settled and resulted in changes to
the prison's policies and practices to improve working
conditions at the facility. \6\6
---------------------------------------------------------------------------
\6\ Federal Bureau of Prisons Coleman Facility Sexual Harassment,
MEHRI & SKLAET PLLC, https://findjustice.com/cases/coleman-sexual-
harassment (last visited Sept. 2, 2022).
Ms. Gilbride has worked to ensure that people with
disabilities have access to reasonable accommodations necessary
for equal opportunity. For example, while an attorney at
Disability Rights Advocates, Ms. Gilbride helped secure a
victory at the U.S. Court of Appeals for the Ninth Circuit
granting a blind law school graduate the right to use assistive
screen reading software--the same software Ms. Gilbride, who is
blind, uses to perform her job--to take professional licensing
exams. \7\
---------------------------------------------------------------------------
\7\ Enyart v. National Conference of Bar Examiners, Inc., 630 F.3d
1153 (9th Cir. 2011).
Ms. Gilbride's extensive litigation experience, coupled with her
commitment to ensuring that all people have access to opportunity and
the ability to enforce their rights, make her well-qualified to serve
as EEOC General Counsel and we urge you to vote to advance her
nomination to the Senate floor. Please contact Gaylynn Burroughs,
Director of Workplace Equality at the National Women's Law Center
---------------------------------------------------------------------------
([email protected]) with any questions.
Sincerely,
A Better Balance
AFL-CIO
AFSCME
American Federation of Teachers
Americans for Financial Reform
Asian Pacific American Labor Alliance, AFL
Association of Late Deafened Adults (ALDA)
Bazelon Center For Mental Health Law
California Employment Lawyers Association
Center for Disability Rights
Centro de los Derechos del Migrante, Inc.
Clearinghouse on Women's Issues
Coalition of Labor Union Women
Disability Law Center of Utah
Disability Rights Advocates
Disability Rights North Carolina
Economic Policy Institute
Equal Rights Advocates
Feminist Majority Foundation
Gender Equality Law Center, Inc.
Justice in Motion
KWH Law Center for Social Justice and Change
Lawyers' Committee for Civil Rights Under Law
Legal Aid at Work
Liberty Resources, Inc.
National Center for Law and Economic Justice
National Council of Jewish Women
National Disability Rights Network (NDRN)
National Disabled Legal Professionals Association
National Employment Law Project
National Employment Lawyers Association
National Immigration Law Center
National Organization for Rights Protection and Advocacy
National Organization for Women
National Women's Law Center
North Carolina Justice Center
Northwest Workers' Justice Project
People's Parity Project
Public Citizen
Service Employees International Union (SEIU)
The Center for Popular Democracy
The Sikh Coalition
The Tanya Project: A Medical-Legal Partnership for Women
with Cancer
Towards Justice
______
American Council of the Blind (ACB),
September 7, 2022.
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.
Dear Chair Murray and Ranking Member Burr:
The American Council of the Blind (ACB) writes to express its
support for Karla Gilbride's nomination to the office of General
Counsel at the United States Equal Employment Opportunity Commission
(EEOC). We strongly believe that Karla has the skills, knowledge, and
abilities to effectively serve in this role, and that her legal career
and extensive experience in fighting for equity in employment for
minority populations make her an ideal candidate for this position.
ACB is the Nation's leading member-driven organization of and for
blind and low vision individuals. Founded in 1961 and comprised of more
than 10,000 members and over 65 state and special-interest affiliate
organizations, ACB strives to increase the independence, security,
equality of opportunity, and to improve the quality of life for all
people who are blind and experiencing vision loss. Equal access to
employment, including hiring, training, and advancement opportunities,
is key to our work. As a totally blind individual, Karla understands on
a personal level how physical, technological, and attitudinal barriers
can affect access to employment for individuals with disabilities and
can keep them from full participation in the workplace, including
hiring and promotions, and she will work tirelessly to eliminate
discriminatory eligibility criteria in all aspects of employment for
disabled workers.
For approximately 15 years Karla has handled all aspects of
litigation in Federal district and appellate courts throughout the
country and at the U.S. Supreme Court. She is uniquely well-qualified
to lead the EEOC's regional and field office attorneys because she has
litigated before many of the same courts where they practice and
understands what they need to succeed. Karla is passionate about the
statutes that the EEOC enforces and the rights that Congress created
the EEOC to defend. She began her legal career at Disability Rights
Advocates, bringing cases under the Americans with Disabilities Act,
seeking to make sure that students with disabilities had access to
accessible course materials and that residents with disabilities had
equal access to emergency services in the event of a disaster.
While working at the law firm of Mehri & Skalet, she continued
representing employees with disabilities under the ADA but also used
Title VII to advocate on behalf of women in the finance industry who
did not receive equal pay for equal work and Black managers who were
discriminated against with respect to performance reviews and
promotions. At Public Justice she continued using Title VII to secure
improved working conditions for her clients, including a Sikh bus
driver who experienced harassment by coworkers and students who called
him a terrorist and mocked his beard and religious dress until
mandatory education and training put an end to the religious
harassment.
Karla will work to ensure that survivors of sexual harassment and
assault, as well as intimate-partner violence, are protected and
supported by the statutes the EEOC enforces. Karla has a long history
of working on these issues, as one of her first legal jobs involved
securing immigration relief for the partner of an abuser under the
Violence Against Women Act. While at Mehri & Skalet she also worked on
a class action lawsuit filed with the EEOC, Taronica White v. Federal
Bureau of Prisons, on behalf of female prison employees in Coleman,
Florida who were repeatedly sexually harassed by male inmates and whose
employer did not protect them from the ongoing harassment. That case
ultimately settled for $20 million and extensive programmatic relief to
improve the working conditions at the prison.
Karla is a fierce advocate for workers who are treated as
expendable or ``less than'' in any way. She's pursued cases on behalf
of migrant farmworkers who were given rotten food to eat and not
allowed to seek medical care when they became ill, restaurant workers
who were told to clock out but continue working, and warehouse and
slaughterhouse workers who were required to work in dangerous
conditions without protective equipment during the first months of the
COVID-19 pandemic when most white-collar workers remained in relative
safety at home. One of her priorities if confirmed as general counsel
at the EEOC will be to make sure that the Nation's employment
discrimination laws are enforced on behalf of all workers, no matter
what industry they work in, how much money they make, and whether
they're employed directly or through a staffing agency or other
intermediary.
While Karla has argued over 20 cases on appeal and is proud of
those arguments, she's settled more cases than she's argued and has
given more educational presentations in her areas of expertise than
arguments and settlements combined. She recognizes the importance of
education, training, and conciliation, and will work with the
Commissioners, EEOC career staff, employers, and other government
agencies to ensure that the tool of litigation is used strategically to
address repeated, systemic, or egregious violations, and that it
complements and supports the other tools at the EEOC's disposal, such
as conciliation and policy guidance.
Karla believes that every employee or applicant for employment in
the United States deserves to be treated with dignity, deserves a safe
workplace free from harassment, and deserves a working environment
where they can succeed to their full potential without arbitrary
barriers or policies that disadvantage certain groups (like older
workers, workers of color, or workers with disabilities). If confirmed
as general counsel, Karla will strive toward this ideal of workplaces
that are dignity-affirming, safe, barrier-free, and inclusive.
ACB strongly supports Karla Gilbride's nomination to the office of
General Counsel at the EEOC and urges the Senate Committee on Health,
Education, Labor, and Pensions to confirm her nomination. We thank you
for your time and consideration in this matter. If you have any
questions or would like to discuss our comments further, please contact
ACB's Executive Director, Eric Bridges, either at [email protected].
Sincerely,
Eric Bridges,
Executive Director,
American Council of the Blind (ACB).
______
September 9, 2022.
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.
Dear Chair Murray and Ranking Member Burr:
I write in support of Karla Gilbride's nomination for General
Counsel of the Equal Employment Opportunity Commission. Karla has a
well-deserved reputation as an outstanding public-interest lawyer, and
her impressive track record reflects both her legal acumen and her high
personal character. Since graduating with honors from Georgetown Law,
Karla has advocated and litigated on behalf of a wide range of
individuals experiencing discrimination or other improper treatment,
including exploited workers, disabled consumers, incarcerated persons,
and individuals seeking to avoid forced arbitration. As those
experiences reflect, Karla has a strong moral compass and a deep
commitment to protecting individuals from corporate and other forms of
misconduct--traits that make her well-suited to lead the EEOC's
litigation efforts.
On a personal level, I recently litigated against Karla as opposing
counsel in a case before the U.S. Supreme Court. Throughout the course
of that case, Karla demonstrated the impressive characteristics for
which she is widely known and respected. Her briefing was clear,
rigorous, and thoughtful, as was her oral argument before the Court,
all of which is reflected by the 9-0 decision the Court issued in her
favor. Perhaps even more important, my interactions with her throughout
the case were warm and collegial, and I have spoken with other
attorneys who have likewise found Karla to be kind, courteous, and
supremely talented. I have no doubt that she possesses the character,
temperament, and intellect to be an asset to the EEOC.
I hope this information will be of assistance to the Committee in
its consideration of Karla's nomination, and I urge you to support her
confirmation.
Sincerely,
Michael D. Lieberman,
Partner, Kirkland & Ellis LLP.
______
National Federation of the Blind,
September 6, 2022.
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.
Dear Chair Murray and Ranking Member Burr:
The National Federation of the Blind, the transformative membership
and advocacy organization of blind Americans, strongly and without
reservation supports the confirmation of Karla Gilbride to serve as
general counsel to the Equal Employment Opportunity Commission (EEOC).
Ms. Gilbride is a seasoned attorney with more than 15 years of
experience fighting for the rights of the American worker and persons
with disabilities at all levels of our judicial system, including the
Supreme Court of the United States, in which she just this year argued
Morgan v. Sundance where she secured a unanimous decision that lower
courts cannot adopt rules that favor contracts to arbitrate claims over
other types of contracts.
In National Federation of the Blind v. the Container Store, Ms.
Gilbride argued and won a case before the United States Court of
Appeals for the First Circuit wherein the First Circuit ruled that
blind customers of the Container Store could not be forced to arbitrate
claims regarding inaccessible point of sales devices especially when
the terms of arbitration were not accessible to the blind customers
precisely because of the inaccessible nature of the machines
themselves.
She has also regularly testified before state legislatures like
those of New York and California on the topic of compelled
arbitrations. Additionally, Ms. Gilbride has a proven record of
settling disputes and successful negotiations, creatively using
alternative dispute methods, that would enable her to advise Commission
staff in ways that are likely to increase fair, meaningful, and lasting
settlements.
Ms. Gilbride's decorated legal career demonstrates that she is a
problem-solver who will successfully use all the tools at her disposal
and her growing wisdom to help the EEOC carry out its mission more
effectively and efficiently. As general counsel at the Equal Employment
Opportunity Commission, we believe that she will use her considerable
experience with written, oral, and alternative dispute resolution
wisely to build a more just, inclusive, and equal workplace for all
Americans.
There is another point that perhaps cannot be underemphasized.
Appointing Ms. Gilbride to such a substantial position sends the
critical message that any young blind girl or one with another
disability can dream big and reach the absolute heights of her
profession when given a great education and true opportunity. Ms.
Gilbride is a perfect role model for this principle. As far as we know,
she is the first totally blind person ever chosen to argue a case
before the Supreme Court. It is only fitting that the official sketch
portraying the oral argument before the Supreme Court depicts Ms.
Gilbride arguing the case competently and confidently while reading her
Braille notes.
It is for all of these reasons that the National Federation of the
Blind strongly, and with great enthusiasm, supports the confirmation of
Karla Gilbride to serve as general counsel to the Equal Employment
Opportunity Commission. If confirmed, we are positive she will not let
the Senate down and will serve the role with distinction and high
competence.
Respectfully,
Mark A. Riccobono,
President,
National Federation of the Blind.
______
The National Women's Law Center,
September 12, 2022.
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.
Dear Chair Murray and Ranking Member Burr:
The National Women's Law Center, together with the National
Partnership for Women & Families, writes to express our strong support
for the nomination of Karla Gilbride to serve as General Counsel of the
U.S. Equal Employment Opportunity Commission (EEOC).
Ms. Gilbride is an outstanding choice to serve as EEOC General
Counsel. The EEOC enforces the Nation's Federal employment anti-
discrimination laws, including Title VII of the Civil Rights Act of
1964 (which includes the Pregnancy Discrimination Act), the Equal Pay
Act, the Americans with Disabilities Act (ADA), and the Genetic
Information Nondiscrimination Act. The primary role of the EEOC General
Counsel is to ``provide direction, coordination, and supervision to the
EEOC's litigation program.'' \1\ The General Counsel oversees the EEOC
regional and field offices--responsible for investigating charges of
discrimination and obtaining relief for victims--and approves and
recommends cases to the Commission for litigation. The General Counsel
also plays a role in advising the Commission on agency policies and
enforcement matters.
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\1\ The Commission and the General Counsel, U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION, https://www.eeoc.gov/commission (last visited
Sept 6, 2022).
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Ms. Gilbride is an accomplished litigator with nearly 15 years of
experience advocating for the right of everyday people to enjoy equal
opportunity under the law. She has represented workers from all walks
of life, including restaurant, \2\ slaughterhouse, \3\ and warehouse
\4\ workers and has successfully litigated cases at every level of the
Federal judiciary from Federal district and appellate courts throughout
the country, to the U.S. Supreme Court. Ms. Gilbride's litigation
background, including her experience representing clients before a
diverse set of judges based throughout the country, would strengthen
the EEOC's enforcement efforts, ensuring that litigation is strategic,
complements other enforcement tools, and addresses systemic or
egregious violations of the law.
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\2\ Howard v. Clyde's Restaurant Group, Inc., 1:11-CV-00687 (E.D.
Va. 2012).
\3\ Rural Community Workers Alliance v. Smithfield Foods, Inc.,
PUBLIC JUSTICE, https://food.publicjustice.net/case/rcwa-jane-doe-v-
smithfield/ (last visited Sept 6, 2022).
\4\ Palmer v. Amazon, PUBLIC JUSTICE, https://
www.publicjustice.net/case--brief/palmer-v-amazon/ (last visited Sept
6, 2022).
Throughout her career, Ms. Gilbride has focused on ensuring that
all individuals are able to enforce their legal rights, including under
our antidiscrimination and employment laws. For example, as senior
attorney and co-director of the Access to Justice Project at Public
Justice, Ms. Gilbride has successfully challenged mandatory, pre-
dispute arbitration agreements that prevent workers and others alleging
unlawful behavior from seeking their day in court. Companies commonly
force workers and consumers to agree to resolve disputes in arbitration
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as a condition of obtaining a job or purchasing a good or service.
These agreements are usually buried in fine print; many individuals
have no idea they have waived their ability to enforce their rights in
court and must instead engage in a secret process controlled by a
private arbitrator often chosen and paid for by the company. In 2022,
Congress banned enforcement of mandatory pre-dispute arbitration
agreements in cases involving sexual assault or harassment; \5\
however, these agreements may still be used to force individuals to
waive their ability to fully enforce their rights to be free from other
forms of unlawful harassment, discrimination, and abuse.
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\5\ Ending Forced Arbitration of Sexual Assault and Sexual
Harassment Act of 2021, Pub. L. No. 117-90, 136 Stat. 26.
In May 2022, Ms. Gilbride argued and secured a unanimous decision
at the U.S. Supreme Court clarifying that Federal courts must treat
arbitration agreements like any other contract and may not create rules
to favor arbitration over litigation. \6\ In that case, an hourly
employee of a Taco Bell franchise filed a collective action in Federal
court against her employer alleging violations under the Fair Labor
Standards Act for failure to pay overtime wages.
---------------------------------------------------------------------------
\6\ Morgan v. Sundance, 142 S. Ct. 1708 (2022).
---------------------------------------------------------------------------
The employer engaged in the litigation for nearly 8 months before
attempting to force the employee into binding, confidential
arbitration. The employee opposed, arguing that the employer had waived
its right to arbitration by litigating the case for more than half a
year. The Eighth Circuit, following a court-created, arbitration-
specific rule, sided with the employer, finding that the fast-food
franchise owner had not waived its right to arbitrate because the
employee had not been prejudiced, or unfairly harmed, by the
litigation. In an important ruling for workers and consumers, the
Supreme Court reversed the Eighth Circuit, holding that the Federal
Arbitration Act ``does not authorize Federal courts to invent special,
arbitration-preferring procedural rules,'' \7\ like the one used
against the fast-food worker in this case, and sent the case back to
the lower court to determine anew whether the employer had knowingly
waived or forfeited its right to arbitration.
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\7\ Id. at 1712.
Ms. Gilbride has also demonstrated a commitment to ensuring that
workers are treated fairly at workplaces free from unlawful
discrimination. For example, before joining Public Justice, while an
associate at Mehri & Skalet, Ms. Gilbride was part of the team
representing over 500 women who worked for the Federal Bureau of
Prisons facility in Coleman, Florida. The women alleged that their
employer failed to protect them from repeated, ongoing sexual
harassment and misconduct by prison inmates. The case ultimately
settled and resulted in changes to the prison's policies and practices
to improve working conditions at the facility. \8\
---------------------------------------------------------------------------
\8\ Federal Bureau of Prisons Coleman Facility Sexual Harassment,
MEHRI & SKLAET PLLC, https://findjustice.com/cases/coleman-sexual-
harassment/ (last visited Sept. 2, 2022).
In addition, Ms. Gilbride has sought to ensure that people with
disabilities have access to reasonable accommodations necessary for
equal opportunity. For example, while an attorney at Disability Rights
Advocates, Ms. Gilbride helped secure a victory at the U.S. Court of
Appeals for the Ninth Circuit granting a blind law school graduate the
right to use assistive screen reading software--the same software Ms.
Gilbride, who is blind, uses to perform her job--to take professional
licensing exams. \9\
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\9\ Enyart v. National Conference of Bar Examiners, Inc., 630 F.3d
1153 (9th Cir. 2011).
Ms. Gilbride's extensive litigation experience, coupled with her
commitment to ensuring that all people have access to opportunity and
the ability to enforce their rights, make her well-qualified to serve
EEOC General Counsel. She is also a graduate of Swarthmore College and
Georgetown University Law Center and began her legal career as a clerk
to Judge Ronald M. Gould of the U.S. Court of Appeals for the Ninth
Circuit. \10\
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\10\ Staff, Karla Gilbride, PUBLIC JUSTICE, https://
www.publicjustice.net/team/karla-gilbride/ (last visited Sept 6, 2022).
We offer our strong support of Karla Gilbride to serve as EEOC
General Counsel and urge you to approve her nomination. Please contact
Gaylynn Burroughs, Director of Workplace Equality at the National
Women's Law Center ([email protected]) or Michelle McGrain, Director
of congressional Relations for Economic Justice at the National
Partnership for Women & Families ([email protected])
---------------------------------------------------------------------------
with any questions.
Sincerely,
National Women's Law Center,
National Partnership for Women & Families.
______
Metro Washington Association of
Blind Athletes (MWABA),
September 9, 2022.
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.
Dear Chair Murray and Ranking Member Burr:
The Board of the Metro Washington Association of Blind Athletes
(MWABA) is honored to add its recommendation of Karla Gilbride for
General Counsel of the EEOC. Ms. Gilbride co-founded MWABA in 2015 as a
501(c)(3) nonprofit organization dedicated to creating sports and
recreational opportunities for blind and low vision children and adults
across the DC metropolitan area.
She has served on the organization's Board since its inception
beginning as President. She currently serves as Treasurer. In this
capacity, Ms. Gilbride has demonstrated exceptional leadership, a
commitment to serving her community, and has mentored dozens of blind
and low-vision people who participate in MWABA's activities. She is
willing to listen, build consensus, and manage multiple priorities with
grace and skill. This is why we believe she will be a thoughtful and
effective EEOC General Counsel.
The Americans with Disabilities Act ensures that disabled people
have equal access to recreational opportunities, which are critical
both for individual well-being and for ensuring the inclusion of
disabled people in our social and cultural fabric. However, people with
disabilities continue to experience barriers such as lack of access to
adaptive equipment and other accommodations that are essential to
meaningful enjoyment of sports, recreation, and the outdoors.
Ms. Gilbride observed these gaps, which led her to co-found MWABA.
Upon its formation, the group established the first-ever DC goalball
team. Goalball is a blind sport developed for blind veterans following
World War II. Ms. Gilbride then collaborated with Board members to
establish a tandem cycling program, partnering with the Washington
Metropolitan Area Transit Authority to install tandem bicycle lockers
at metro stations to store donated tandems, and recruiting and training
volunteers to serve as tandem captains for blind cyclists. Under Ms.
Gilbride's leadership, MWABA went on to establish adaptive yoga,
hiking, and beep kickball programs, and has partnered with DC's Bell
Program and Virginia's Project Rise program to organize recreational
opportunities for blind youth across the region.
There are three hallmarks of Ms. Gilbride's leadership that we
believe will serve as tremendous assets in her future role at the
EEOC--her ability to listen and build consensus, her exceptional
management skills, and her commitment to equity. As MWABA's founding
board member, Ms. Gilbride built a strong leadership structure for the
organization, bringing in diverse voices and adeptly channeling the
talents and perspectives of each Board member.
She always listens to others and encourages debate that fosters
democratic decision-making. She is a collaborative leader with good
judgment. She has also managed hundreds of blind athletes and
volunteers, coordinating events large and small, from a weeknight
tandem ride to a regional goalball tournament involving nearly 200
participants. All the while, Ms. Gilbride has created a welcoming
environment for athletes of all skill levels and ensured that the needs
of all participants are met, while also balancing the well-being of the
group as a whole. Finally, Ms. Gilbride is passionately committed to
equity, ensuring that all MWABA members have an equal opportunity to
participate in recreational activities, regardless of their background.
In short, Ms. Gilbride possesses the sound judgment, commitment to
equal opportunity, and outstanding management skills necessary to
become an exemplary General Counsel. We sincerely hope that you and the
Senate will confirm her.
Respectfully,
The MWABA Board,
[email protected].
Lori Pierce,
President.
Kurt Sloop,
Vice-President.
Qudsiya Naqui,
Secretary.
Tajuan Farmer,
Board Member.
Janice Forbes,
Board Member.
Shira Gordon,
Board Member.
Claire Posteraro,
Board Member.
Amir Rahimi,
Board Member.
______
AFL-CIO.
Hon. Patty Murray, Chair,
Hon. Richard Burr, Ranking Member,
U.S. Senate Committee on Health, Education, Labor, and Pensions,
Washington, DC 20510.
Dear Chair Murray and Ranking Member Burr:
I am writing on behalf of the AFL-CIO to urge swift confirmation of
Jessica Looman to serve as Administrator of the Department of Labor's
Wage and Hour Division (WHD), Moshe Marvit to serve as a Member of the
Federal Mine Safety and Health Review Commission, and Karla Gilbride to
serve as General Counsel of the Equal Employment Opportunity Commission
(EEOC). Each nominee will fill a pivotal role in protecting workers
across the country while ensuring our worker protection laws are
effective and enforced.
Jessica Looman possesses the requisite skills and experience to
lead the Wage and Hour Division. She has built a stellar professional
career and is exceptionally well-prepared for service. In both private
practice and as a public servant for significant portions of her
career, Ms. Looman has demonstrated a deep knowledge of the law and
efficient government enforcement mechanisms. Most recently, since
January 2021, Ms. Looman has been both the Wage and Hour Division's
principal deputy administrator and acting administrator. Looman has
also served as a Building Trades attorney in Minnesota and as
Commissioner of the Minnesota Department of Commerce.
Moshe Marvit is a distinguished labor law expert with a commitment
to worker rights and safety. Mr. Marvit's expertise and professionalism
while serving as a Supervisory Attorney Advisor with the Federal Mine
Safety and Health Review Commission (FMSHRC) for the past decade
illustrates his ability to hit the ground running if confirmed, fully
prepared to fulfill his duties on day one. Mr. Marvit's legal
background, along with his understanding of worker issues under the
Federal Mine Safety and Health Act, will aid him in his review of
decisions as a Commissioner.
Karla Gilbride is a distinguished litigator who has devoted her
entire career to advocating for workers in employment and consumer
rights. She has almost 15 years of experience advocating for equal
opportunity under the law for workers in a variety of industries,
appearing at all levels of the Federal judiciary. Her current position
as senior attorney and co-director of the Access to Justice Project at
Public Justice has included successful challenges of unfair mandatory,
pre-dispute arbitration agreements that preclude workers and others
from seeking their day in court. She has been involved in a variety of
matters involving the multiple statutes enforced by the EEOC including
disability discrimination and sexual harassment claims. Given her
extensive experience and commitment to civil rights for all, she is
eminently qualified to serve as General Counsel at the EEOC.
The AFL-CIO urges the Senate to confirm the nominations of Jessica
Looman, Moshe Marvit, and Karla Gilbride so that these critical
agencies can continue to fulfill their important roles in enforcing a
broad array of rights and protections for American workers.
Sincerely,
William Samuel,
Director, Government Affairs.
______
[Whereupon, at 11:15 a.m., the hearing was adjourned.]
[all]