Why Kotagal's Nomination Matters

If Kalpana Kotagal is confirmed she will dramatically shift the focus of the EEOC - taking it in a radical leftist direction out of step with traditional American values.


Currently the EEOC has a majority of three members who have moderate to conservative values roughly in line with the values of mainstream America, and if the Senate does nothing this 3 - 2 split will remain through the end of the December 2022. Further, until the Senate appoints a replacement after December 2022, the progressives on the EEOC will not have a majority to act.

If on the other hand, Senators were to approve Kotagal's nomination, the progressives would gain a majority on the Commission and it would open the flood gates for a wish-list of left-wing culture war policies. The Kotagal majority could:

  1. Pass aggressive formal policy guidance on transgender and gender identity-related issues (pronouns/former names, dress codes, bathroom access, other work policies implicating countervailing privacy and safety interests)—and approving related litigation. This would deputize Americas businesses into fighting the culture war on behalf of progressives, because failure to police pronouns and allow transgender males to work in girls dressing rooms would subject them to costly formal enforcement action by the EEOC.

  2. Rescind or undermine Trump-era religious discrimination formal policy guidance further pushing faithful people out of public life.

  3. Impose renewed and new onerous data collections on employers, including related to pay, non-binary/LGBT issues, use of DEI policies, expand demographic categories, and making, or requiring employers to make these pay and diversity data collections publicly accessible. This would be a huge boon to attorneys and unions who would see it as an added tool to attack businesses.

  4. Approve radical updates/expansions of old (and arguably invalid) guidance and regulations which currently approve very limited race- and sex-based affirmative action in employment

This does not have to be the future though. If the Senate simply does nothing, the EEOC will not have the majority to enact these radical policies that are so out of step with traditional American values.