President Joe Biden’s nominee, Kalpana Kotagal, was sworn into the U.S. Equal Employment Opportunity Commission on Wednesday. Kotagal’s background in civil rights litigation, including experience with Title VII, the Equal Pay Act, the Americans with Disabilities Act, and the Family and Medical Leave Act, is considered central to the agency’s draft enforcement plan that was released earlier this year. With Kotagal’s arrival, a Democratic majority is established in the commission, raising expectations of increased litigation following the new strategic priorities.
As Seyfarth Shaw partner Andrew Scroggins noted, it takes time for control of the EEOC to align with a new administration, and that turning point may have just been reached. Given this context, lawyers are anticipating a subsequent surge in enforcement.
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