Trump Nominates 3 To EEOC, 2 To NLRB

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Constangy, Brooks, Smith & Prophete, LLP

Some are old, and some are new. Some are "red," and some are "blue."

President Trump has announced his nominations for three seats on the U.S. Equal Employment Opportunity Commission and two seats on the National Labor Relations Board.

EEOC

The five-member EEOC is down to three members, and one -- former Acting Chair Victoria Lipnic (R) -- has already announced that she will not seek a third term when her current term expires in July. If Ms. Lipnic is not replaced, the EEOC will be down to only two members, meaning that it will lack a quorum.

But fear not -- the President has three nominees, one Democrat and two Republicans. If the Senate confirms them, then the EEOC will be fully staffed again, I believe for the first time during his administration.

The first nominee is really a re-nominee: Keith Sonderling (R), whom President Trump nominated last year but who was not confirmed. Mr. Sonderling is currently deputy administrator of the Wage and Hour Division of the U.S. Department of Labor.

The two new nominees are Andrea Lucas (R), an associate in the law firm where Secretary of Labor Eugene Scalia was a partner, and Jocelyn Samuels (D), Executive Director of the Williams Institute of the UCLA School of Law. According to its website, the Williams Institute "is dedicated to conducting rigorous, independent research on sexual orientation and gender identity law and public policy."

(Will the Republicans confirm Ms. Samuels? We'll see . . .)

NLRB

The five-member NLRB currently has two vacant Democratic seats, and the term of Republican Marvin Kaplan will expire at the end of August. The President has nominated Lauren McFerran (D), whose term expired in December, and Member Kaplan, to serve new five-year terms. The President has not nominated anyone to fill the remaining Democratic vacancy.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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