[Congressional Record Volume 165, Number 76 (Wednesday, May 8, 2019)]
[Senate]
[Page S2712]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                      Nomination of Janet Dhillon

  Mr. DURBIN. Mr. President, the Equal Employment Opportunity 
Commission is charged with protecting workers and job applicants 
against discrimination based on race, color, religion, sex, national 
origin, age, disability, or genetic information.
  Janet Dhillon, the latest nominee to be a member of that board, has 
spent her career, unfortunately, doing the opposite. She has spent 
years advocating for corporations over workers and has a track record 
that puts her in direct opposition to the mission of the Equal 
Employment Opportunity Commission. For example, under Ms. Dhillon's 
leadership, the Retail Litigation Center filed briefs in support of 
policies making it more difficult for employers to be held liable for 
harassment.
  I am also concerned that Ms. Dhillon has declined to answer whether 
she would uphold the EEOC's current position that the Civil Rights Act 
forbids employment discrimination on the basis of gender identity or 
sexual orientation. The EEOC is considering issues that are critical to 
protecting workers, including ongoing court cases to protect LGBTQ 
workers from discrimination and improve pay data collection for women 
in the workforce. Women, on average, make 80 cents per every dollar 
earned by a man. The gap is even higher for women of color. We need 
Commissioners at the EEOC who will fight to close this gap.
  No matter your age, race, occupation, religion, or sexuality, you 
should be treated with dignity, and for too long, with too many people, 
this has not been the case. Ms. Dhillon has not demonstrated that she 
will be a champion for these workers.
  In the past, we have always tried to move EEOC nominations in a 
bipartisan way, with Democratic and Republican nominees confirmed at 
the same time, but for months, for reasons I cannot explain, my 
Republican colleagues have refused to hold a vote on a Democratic 
nominee to this Commission. This obstruction has forced the EEOC to 
operate without a quorum, preventing it from conducting crucial 
business, such as issuing new policies, guidance, and regulations.
  This is another example of Republicans changing Senate norms and 
traditions when it comes to their quest for nominations. We are also 
seeing that this week with votes on two Second Circuit nominees from 
New York who are being pushed through over objections by both home 
State Senators. Before this year, we had never, never seen a judicial 
nominee receive a vote without a positive blue slip from either home 
State Senator.
  ``Blue slip'' is just a formal term; it is actually an approval by 
the Senator of a nomination.
  By the end of this week, it will have happened four times--in the 
State of Washington, New Jersey, and now New York. This is a terrible 
precedent that could end up affecting each of our States.
  Republicans appear determined to ignore traditions and common sense 
in their effort to confirm the highest possible volume of President 
Trump's extreme nominees. I continue to call on my colleagues to change 
course. I think it is a mistake.
  I oppose Janet Dhillon's nomination as Chairman of the Equal 
Employment Opportunity Commission.