[Congressional Record Volume 164, Number 200 (Wednesday, December 19, 2018)]
[Senate]
[Pages S7861-S7862]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      NOMINATION OF CHAI FELDBLUM

  Mrs. MURRAY. Mr. President, I come to the floor today to raise 
concerns about the unprecedented and partisan obstruction of a highly 
qualified nominee to a critical agency.
  In this country, it is illegal to discriminate against someone in the 
workplace because of the traits that make them who they are--their 
race, religion, sex, disability, and more--and it is the Equal 
Employment Opportunity Commission's responsibility to enforce those 
laws and give every person the opportunity to make a living for 
themselves without fear of discrimination or harassment.
  Right now, a single Republican Senator is threatening to derail the 
confirmation of Ms. Feldblum for another term on the EEOC. Ms. Feldblum 
has served two terms on the EEOC, where she has earned the respect of 
her professional colleagues on both sides of the aisle. She has strong 
support from Republicans and Democrats in the Senate, and she has been 
confirmed by this Senate twice.
  When it comes to independent boards and commissions, including the 
EEOC, the Senate has a longstanding practice of pairing nominees--one 
from the majority party and one from the minority party. This is so 
important because it allows the minority party the opportunity to have 
a voice. In this case, it allows my Democratic colleagues and me to 
ensure that employers are held accountable for workers' rights and 
safety on the job. This practice is also important to bipartisanship in 
the Senate. Part of that longstanding practice is that the majority 
cannot railroad

[[Page S7862]]

the nomination of a well-respected and well-qualified individual chosen 
by the minority.
  If Ms. Feldblum's nomination is blocked by this Congress, it will be 
an unprecedented power grab by the majority that would permanently 
shift the balance of power in the Senate. I hope all of my colleagues 
take seriously what it would mean if yet another power of the minority 
in the Senate was taken away. Most importantly, if one Republican 
Senator insists on blocking Ms. Feldblum's nomination, the work of the 
Equal Employment Opportunity Commission--an agency workers rely on to 
protect their rights and safety on the job--is going to come to a 
grinding halt.
  Over the past 2 years, we have seen a shift in this country toward 
acknowledging and taking action against sexual assault and harassment, 
especially in the workplace. For far too long, this epidemic of 
powerful men taking advantage of their subordinates, employees, or 
those without a voice was swept under the rug. Women and men were told 
to brush it off or have a sense of humor or just endure the harassment 
or abuse they were facing in the workplace. Many did because they knew 
they would be punished, retaliated against, or even fired.
  After the Presidential election and the Women's March, when so many 
women and men around the country made their voices heard and fought 
back against misogyny, sexism, racism, and tilted the playing field 
that has favored those at the top for too long, we started to see women 
and men bravely come forward at a level we have never seen before to 
say ``no more'' and to speak out against their experiences of sexual 
assault and harassment in the workplace.
  Because of that courage, a lot of powerful men in Hollywood, in the 
media, and in Congress have finally been held accountable for their 
actions, especially when it came to using their power to take advantage 
of younger or less powerful women and men.
  For women and men in industries outside the spotlight--in 
hospitality, in technology, in farm fields, and in so many offices and 
workplaces around the country--there has not been the same kind of 
reckoning. For many of those workers, the EEOC is one of the very few 
places they can turn to. The EEOC is a resource for workers who need to 
file complaints of harassment or discrimination. It holds employers and 
businesses accountable for widespread discrimination and harassment.
  Again, because of the objection of a single Republican Senator, it is 
possible now that the EEOC will be unable to conduct some of its most 
critical work. Here is what that means for workers in our country. The 
EEOC would no longer be able to bring some large cases when 
discrimination is part of employers' general operating standards. That 
often includes hiring practices, equal pay, or sexual harassment. It 
means workers will not be able to file complaints to stop what happened 
to them from happening to anyone else.
  The EEOC would not be able to rule in cases where the Commission has 
not previously taken a position and a new policy must be created, and 
regional EEOC offices would not be able to hire expert witnesses in 
some cases, meaning that many cases would be stalled or even punted.
  This is not hypothetical. Without a quorum--without a quorum--the 
EEOC would not have been able to participate in the 2016 case against a 
tire company that refused to hire women for field positions. After the 
EEOC intervened, that company settled with 46 women and implemented 
safeguards to prevent further discrimination. The EEOC also would not 
have been able to participate in a case against the outdoor store that 
discriminated against African Americans and Hispanic workers in hiring 
practices and retaliated against workers who stood up against unlawful 
practices.
  Workers around the country rely on the EEOC every day to intervene 
when they are being harassed, discriminated against, or unfairly 
treated at work. Whether they are being told they must work on their 
day of religious observance or being told they cannot do a certain job 
because of their sex, the EEOC is there for them.
  In this moment when sexual assault and harassment in the workplace 
are at the forefront of our national conversation, this is the wrong 
message to send to the American workers and their employees. We need to 
prove to the millions of women and men that we are taking the epidemic 
of harassment in the workplace seriously.
  I have spoken to many of my colleagues on both sides of the aisle to 
make the case for confirming Ms. Feldblum before the end of this 
Congress. There is strong support on both sides of the aisle to get 
this done, with the exception of one lone Republican Senator.
  I urge my colleagues across the aisle to push aside this 
unprecedented obstructionism, and I call on the Senate to move forward 
with confirming the full slate of nominees to the EEOC before this 
Congress ends so the Commission can continue to fulfill its duty to 
workers by enforcing protections and ensuring people are able to go to 
work and make a living without the fear of discrimination, harassment, 
or abuse.
  I hope that as we are confirming the EEOC nominees, the Senate will 
also confirm Mark Pearce to another term on the National Labor 
Relations Board. Like the EEOC, the Senate has a long history of 
confirming majority and minority members to the Board in pairs. 
However, this year, Senate Republicans jammed through the majority 
members without reconfirming Mr. Pearce, allowing a minority seat to 
sit empty.
  Mr. Pearce is extremely qualified and has a long track record of 
serving his country for 8 years now as a member of the Board. He has a 
distinguished background representing unions and workers. Right now, 
when the Republican Board members are rushing decisions through that 
chip away workers' rights, even violating ethics pledges to do so, it 
is clear that the Board could benefit from his knowledge and expertise 
and voice for workers.
  As I have told my colleagues across the aisle, I will not allow the 
Senate to jam through any HELP Committee nominees until Mr. Pearce and 
Ms. Feldblum are reconfirmed to their positions on the Board and the 
EEOC.

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